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. Cessation of care for periods less than 24 hours (midnight to midnight) do not count as temporary cessation of care.
Example: The carer may cease to provide care while a care receiver is in respite care (1.1.R.250).
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.
Act reference: SSAct section 1158 Some social security payments not payable during period in gaol or in psychiatric confinement following criminal charge
Policy reference: SS Guide 3.6.4.80 Qualification for CP during overseas travel, 7.1.2.20 Application of portability rules (portability table), 7.2 Arrangements for payment outside Australia
Suspension of CP when the 63 days are exhausted
Where the 63 temporary cessation of care days are exhausted before the end of the calendar year, CP may be suspended for up to 26 weeks. If the carer advises they have resumed the provision of constant care within the 26 week period, CP can be restored without the need to lodge a new claim. However, no further temporary cessation of care days are available for the remainder of that calendar year.
If a carer does not resume care provision within 26 weeks from the date of suspension CP will automatically cancel.
Act reference: SS(Admin)Act section 95CA Carer payment - suspension instead of cancellation under section 93 or 94
Using temporary cessation of care days when employment exceeds 100 hours over a 4-week period
CP recipients can participate in employment for up to 100 hours over a 4-week period, without losing eligibility for CP. If employment participation exceeds the 100 hour limit, the carer can elect to use one or more of their 63 temporary cessation of care days to cover the excess hours rather than have their CP suspended. The table below demonstrates the number of days required to cover excess employment hours.
| Number of hours in excess of 100 | Required number of temporary cessation of care days |
|---|---|
| Up to 8 hours | 1 day |
| More than 8 hours to 16 hours | 2 days |
| More than 16 hours to 24 hours | 3 days |
| More than 24 hours to 32 hours | 4 days |
| More than 32 hours to 40 hours | 5 days |
| More than 40 hours to 48 hours | 6 days |
| More than 48 hours to 56 hours | 7 days |
Example: Lucca worked a total of 125 hours over his 4-week period, which is 25 hours above the 100 hour limit. He used 4 of his temporary cessation of care days to cover the excess hours rather than have his CP suspended.
If the carer has exhausted their 63 temporary cessation of care days for the calendar year or chooses not to use them, CP may be suspended for up to 26 weeks. If work hours decrease within the 26 weeks and the carer advises they have resumed the provision of constant care, CP can be restored without the need for a new claim. Otherwise, CP will automatically cancel 26 weeks from the date of suspension.
Example: Mandy worked 110 hours over her 4-week period and had 2 temporary cessation of care days available for the rest of the calendar year. She elected to use the 2 days to cover the excess hours rather than have her CP suspended.
For the next 4-week period Mandy worked 105 hours, but as she had no temporary cessation of care days available her CP was suspended, for up to 26 weeks. The following fortnight Mandy advised she had decreased her work to 20 hours per week, and after confirming she was providing constant care her CP was restored.
Act reference: SSAct section 198AC Effect of cessation of care etc. on CP
SS(Admin)Act section 95CA Carer payment —suspension instead of cancellation under section 93 or 94
Policy reference: SS Guide 3.6.4.70 Changes to carer situation - effect on CP qualification, 3.6.4.150 Continuation, variation or termination of CP
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.
Example: A carer qualifies for CP and CA on 1 March. The carer has access to a total of 63 days of temporary cessation of care in that calendar year.
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.
Example: The table below demonstrates the operation of temporary cessation of care days when CP and CA qualification occur at different times of the year.
| Temporary cessation of care (TCC) | Carer payment | Carer allowance |
|---|---|---|
| - | Granted 1 March. TCC balance = 63 days | - |
| 30 May – uses 20 TCC days | TCC balance = 43 days | - |
| - | - | Granted 1 July. TCC balance = 63 days |
| 28 July – uses 23 TCC days | TCC balance = 20 days | TCC balance = 40 days |
| 1 October – uses 20 TCC days | TCC balance = 0 days | TCC balance = 20 days |
| 1 November – uses 7 TCC days | TCC balance = 0 days (suspend CP for exceeding TCC balance) | TCC balance = 13 days |
| 1 January – new allocation of TCC days | TCC balance = 0 days (while CP remains suspended). If CP is restored or regranted, TCC balance = 63 days. | TCC balance = 63 days |
If a carer resumes provision of constant care for the care receiver prior to 1 January CP can be restored, however no CP temporary cessation of care days are available for use for the remainder of that year. Any days where care ceases prior to 1 January will result in a further suspension of CP.
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.
Example: A neighbour, day care centre or other family member provides care while the carer has a break to attend to their own personal needs every Sunday from 10am until 4pm. This does not jeopardise the carer's qualification for CP and does not count as temporary cessation of care.
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.
Example: A carer claims CP in March. They are able to use up to 63 days temporary cessation of care between March and 31 December.
Example: John is granted CP on 1 January for caring for Sally and uses 45 temporary cessation of care days. John's CP is cancelled on 1 June when Sally permanently enters an institution. John claims CP on 1 July for caring for Greg and now has access to another 63 days temporary cessation of care provisions for this new caring role.
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)
Example: Joe claims CP on the basis of short term care in a leap year where the term of the care is a 4-month period from 2 January until 2 May. The number of temporary cessation of care days that Joe is entitled to is the number of whole days calculated by 63 ÷ 366 × 122 (days) = 20.99 (21 allowable days).
Act reference: SSAct section 198AC Effect of cessation of care etc. on CP, section 197G Qualification—short term or episodic care of children
Policy reference: SS Guide 3.6.4.38 Qualification for CP (child) - short term or episodic 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.
Example: A carer has already used 45 days in the calendar year for temporary cessation of care. The carer leaves the care situation for a 2-week holiday, and before returning becomes ill, causing a further one week absence. The delegate determines that a special reason exists to extend the temporary cessation of care provisions.
Example: A carer in receipt of CP travelled overseas and upon her return the care receiver asked her to self-isolate for a period of time. The carer would need to exceed the 63 day cessation of care provisions to comply with the care receiver's wishes as she has already used 57 of her annual temporary cessation of care days. As the circumstance is outside of the carer's control, and directly attributed to the threat of COVID-19, it would be open to the delegate to grant an extension to the carer's 63 temporary cessation of care days.
Example: Mary has a son Doug and a daughter Susie, both with disability, whose combined care load qualifies her for CP. Mary lives on the family farm which is several hours drive from the city. Doug requires long term hospitalisation, for approximately 6 weeks, due to complications of his disability. Mary is unable to regularly attend the hospital on a daily basis to participate in his care as she needs to maintain Susie's care needs at home. In this example qualification for CP cannot be maintained as constant care on a daily basis is not being provided to both care receivers. Mary can however access and use her entitlement to the 63 days of temporary cessation of care provisions of CP. If the temporary cessation of care days were exhausted it would then be at the discretion of the Secretary's delegate to assess whether the carer's situation was a special reason where it would be appropriate to extend the period of CP.
If CP has been suspended because the carer has used more than 63 temporary cessation of care days, CP may be restored if the carer resumes the provision of constant care within 26 weeks of suspension. 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 CP has been cancelled because the carer has used more than 63 temporary cessation of care days for the calendar year, and CP has been suspended for more than 6 months, the carer may reapply for CP if they resume the provision of constant care (to the same care receiver). 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.
Hospitalisation
See 3.6.4.50 Qualification for CP during temporary absence from the private home - hospitalisation.
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.
| Provisions | Allowable number of days | Period | Legislation |
|---|---|---|---|
A carer may continue to receive CP and/or CA when they take a break from caring. Extensions to the temporary cessation of care provisions are assessed on a case by case basis. | 63 days | Calendar year 1 January to 31 December | SSAct |
A person needs to have been assessed by an aged care assessment team and considered as needing respite care in an approved residential facility. Extensions of respite within an approved residential facility may be granted for periods of up to 21 days at a time, providing there is a significant and relevant need. | 63 days | Financial year 1 July to 30 June | Aged Care Act 1997 |