The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

3.6.4.38 Qualification for CP (child) - short term or episodic care

Summary

A person can qualify for CP on a short term or episodic care basis for providing care to a child with severe disability or a severe medical condition, one or more children, each with disability or a medical condition, or a disabled adult and one or more children, each with disability or a medical condition.

Qualification for short term care (1.1.S.172) relates to care provided to a care receiver under the age of 16 years for a one-off period which is expected to last for at least 3 months but less than 6 months, while episodic care (1.1.E.132) refers to care provided to a care receiver under the age of 16 years (1.1.C.20) on a recurring or episodic basis where each episode is expected to last for at least 3 months but less than 6 months.

Note: For combined care (1.1.C.195), only one child needs to require care on a short term or episodic basis. Other children must require care for at least 3 months, but can require care for longer than 6 months.

For multiple care (1.1.M.155), at least one child must require care on a short term or episodic basis. The lower ADAT score adult must require care for 6 months or more.

Qualification (1.1.Q.10) criteria

To qualify for CP under short term or episodic provisions, the criteria listed in the following table must be met. Where more detail about a criterion is required, the second column indicates where you will find this.

Criterion More detail
ALL of the following:
The Secretary may determine that a person is qualified for a CP for a period of at least 3 months but less than 6 months in respect of a child or children (care receiver or care receivers aged under 16 years) if

the carer personally provides constant care (1.1.C.310) to the care receiver or care receivers each with

  • a severe disability (1.1.S.133) or severe medical condition (1.1.S.130), OR
  • a disability or medical condition, AND

-

a THP (1.1.T.170) has certified in writing that, in relation to a care receiver aged under 16 years, because of the severe disability or severe medical condition or the disability or medical condition

  • the care receiver will need personal care for a period of at least 3 months but less than 6 months, AND
  • the care is required to be provided by a specified number of people, AND

Note: If a THP has not certified that more than one carer is required to provide care to the care receivers who are children then only one person can qualify for CP in respect of the care receiver/s.

apart from the fact that a care receiver aged under 16 years will need personal care for less than 6 months, the carer would qualify for a CP

-

a carer does not cease to be qualified for CP on a short term or episodic basis if the care receiver/s turns 16 years and 3 months of age before the end of the period, provided they continue to meet all other qualification provisions.

3.6.4.34 CP (child) to CP (adult) transfer process

Act reference: SSAct section 197G Qualification—short term or episodic care of children

Policy reference: SS Guide 3.6.4.10 Qualification for CP

Qualification for HCC

A person who has qualified for CP (child) for care provided to a care receiver/s on a short term or episodic basis will automatically qualify for a HCC for this period.

Act reference: SSAct section 1061ZK(3A) This section applies to a person …

Example: Short term care for one child with a severe disability or severe medical condition

Gregor sustains severe injuries in an accident and requires a number of surgeries over a period of 5 months. The care required by Gregor, who is aged 14, severely restricts the capacity of his father to undertake paid employment for that 5-month period and it is expected that, after that period, Gregor will recover. Gregor's father makes a claim for CP. The provision of care provided by his father is given a qualifying rating of intense under the DCLA (Child). A THP has certified that Gregor requires personal care for a 5-month period and, provided that all other conditions are met, the short term provisions allow Gregor's father to qualify for CP for a period of 5 months.

Example: Episodic care for one child with a severe disability or severe medical condition

Cacee has leukaemia and requires chemotherapy. Cacee has severe side effects from the chemotherapy and requires constant personal care for a period of 4 months. The nature of leukaemia is that it is likely that Cacee will require chemotherapy again in the future for a similar period of time. The provision of care by Cacee's father, Lynden, severely restricts his capacity to undertake paid employment.

Lynden makes a claim for CP. The provision of care by Lynden is given a qualifying rating of intense. A THP has certified that Cacee requires care for 4 months. Lynden qualifies for CP under the short term provisions. The Secretary then makes a determination that Lynden is qualified for a CP for a specified period. At the end of the period, Cacee no longer requires constant personal care and the payment of CP to Lynden is automatically cancelled.

A few months after the first round of chemotherapy, Cacee requires a second round of chemotherapy and will require constant personal care for a period of 4 and a half months. Lynden will again qualify for CP under the episodic provisions. This time, the THP has certified Cacee will require personal care for 4 and half months. Therefore the period that Lynden is qualified for CP is determined by the Secretary to be 4 and a half months.

Example: Person caring for a disabled adult & 2 children with disability

Gade has 2 children, Maddox and Shiloh. Gade also provides care for her mother, Alma. Maddox does not have a disability or a medical condition. The care that Gade provides to Shiloh and Alma does not achieve a qualifying rating of intense (despite the fact that the elderly mother has an ADAT score of 20 with a health professional score of 8).

Maddox is involved in an accident and will require care for a 4-month period. When the care that Gade provides to Maddox is combined with the care that Gade provides to Shiloh and Alma, a qualifying rating of intense is achieved.

If Maddox were to require care for 6 months or more, Gade would qualify for CP. That is, her capacity to undertake paid employment is severely restricted by the care that she provides, the care is provided in a private residence that is the home of the care receivers, the mother is an Australian resident, and the care receivers meet the all the other requirements. A THP has certified that Maddox requires personal care for 4 months and the Secretary may determine that Gade is qualified for CP for that period under the short term provisions.

Extension of short term or episodic care

A person who has qualified for a CP for care provided to a care receiver or care receivers on a short term or episodic basis, and who finds that the reason for the care will extend beyond the period determined by the Secretary, may apply for an extension of the period before the end of the period.

Note: A THP must certify the care receiver's severe disability or severe medical condition, or the care receiver's disability or medical condition, is the same as, or related to, the disability or condition that necessitated the personal care for the original period, AND the period for which further care is required.

Act reference: SSAct section 197H Qualification—extension of short term or episodic care, section 197J Qualification following qualification for short term or episodic care

Policy reference: SS Guide 3.6.4.10 Qualification for CP, 3.6.4.39 Qualification for CP (child) - extension of short term or episodic care

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