3.6.4.40 Qualification for CP during temporary cessation of care

Temporary cessation of care - up to 63 days

A carer (1.1.C.40) remains qualified for CP where they temporarily cease to provide the care receiver (1.1.C.20) with constant care, for up to 63 days in a calendar year.

The carer remains qualified if, in any calendar year:

• the cessation of care is temporary, AND
• the cessation of care is for no more than 63 days in total (unless the Secretary specifies another period), for either continuous or broken periods, AND
• the hospitalisation provisions either do not apply or cease to apply, AND
• all other qualification conditions continue to be met.

Note: Constant care does not have to be provided in the private home of the care receiver when the carer is using temporary cessation of care provisions.

Exception: If the temporary cessation of care is due to the imprisonment or psychiatric confinement of the carer, CP is not payable.

A carer can travel overseas without the care receiver for up to 6 weeks under the CP portability provisions. Temporary cessation of care days will be used.

Relationship between CP & CA temporary cessation of care provisions

CP and CA each have temporary cessation of care provisions of up to 63 days per calendar year. Where a carer is in receipt of CP and CA, for the same care receiver, temporary cessation of care provisions operate concurrently, not exclusively of one another. That is, the carer is entitled to a total of 63 days of temporary cessation of care in the calendar year, not 126 days.

Where a carer qualifies for CP and CA at different times of the year, the 63 day temporary cessation of care provisions operate separately for each payment, until the first calendar year has elapsed.

Calculating temporary cessation of care

Only whole days count for the purposes of calculating temporary cessation of care. A whole day is a 24-hour period from midnight to midnight. Short periods of care (of less than 24 hours) provided by another person or an organisation, will not preclude receipt of CP, even if this occurs regularly. These periods do not count towards temporary cessation of care provisions.

A carer may lose qualification for CP and subsequently reclaim and be granted CP in the same calendar year for the same care receiver. In these cases, any temporary cessation of care periods in that calendar year, while previously in receipt of CP, are counted towards the 63 days temporary cessation of care provisions. Any temporary cessation of care periods where the carer was not in receipt of CP do not count towards the 63 days temporary cessation of care provisions.

If granted CP part way through a calendar year or for a different care receiver, the full 63 days temporary cessation of care provisions apply. That is, the number of days is not applied proportionately to the balance of the year for which the carer qualifies.

Temporary cessation of care for short term & episodic care - CP (child)

Where the care receiver is aged under 16 years and the carer has qualified for CP and CA (automatically) on the basis of short term (1.1.S.172) or episodic care (1.1.E.132), the number of temporary cessation of care days that the carer is entitled to is calculated on a pro rata basis using the number of days in the short term or episodic period of care.

This is calculated using the following formula:

• 63 ÷ (number of days in the calendar year) × (days in period of care)

When there is more than one care receiver

Only ONE entitlement of 63 days per calendar year (either continuous or broken) is allowed where the person qualifies for CP on the basis of combined care (2 or more children each with disability or medical condition), or multiple care (a disabled adult and one or more children with disability or medical condition) or a disabled adult and their dependent child (SSAct paragraph 198(2)(d)).

That is, if the carer ceases to provide care to one of the care receivers, it is considered a temporary cessation of care to all the care receivers.

When there is more than one carer

If the care receiver has more than one carer, each carer has an individual entitlement of 63 temporary cessation of care days per calendar year.

Absences exceeding 63 days

A delegate of the Secretary has discretion to extend the period of temporary cessation of care for any special reason in the carer's particular case. If a special reason exists, a carer can cease to provide the care receiver/s with constant care for more than 63 days in a calendar year, and still retain qualification for CP.

Delegates must exercise discretion in determining what constitutes a special reason. Generally, such reasons would be outside the carer's control, and would be consistent with their role as a carer. The care situation would be expected to resume after a definite period.

Note: If CP has been cancelled because the carer has used more than 63 days temporary cessation of care, the carer may reapply for CP if they resume caring. The carer would only be entitled to further temporary cessation of care days FOR THE REMAINDER OF THAT CALENDAR YEAR, if the delegate exercised the Secretary's discretion for special reasons. If the carer ceased to provide care in the same calendar year their payment could be cancelled again but the carer is entitled to reapply each time they resume caring.

Hospitalisation

See 3.6.4.50 Qualification for CP during temporary absence from the private home - hospitalisation.

Carer in employment/voluntary work or attending educational institution/training course (25 hour rule)

Where a carer ceases care provision to participate in employment, voluntary work, study or training which exceeds 25 hours a week, in one-off or irregular circumstances the carer can elect to use one week (7 days) of their annual 63 temporary cessation of care days to cover the full week and remain qualified for CP.

Funding rules for aged care respite

Funding rules provide for 63 days aged care respite in a financial year, for people who have been assessed by an aged care assessment team as needing respite care in a residential facility. The below table shows the difference between respite rules under the SSAct and the Aged Care Act 1997.