126.96.36.199 Qualification for CP for ex WP recipients
Qualification (1.1.Q.10) Criteria
From 20 March 2020 WP ceased. WP recipients receiving CA on 19 March 2020 were automatically transferred from WP to CP. For these recipients, qualification for CP is dependent on the carer's CA qualification, and the general CP qualification criteria do not apply.
Ex WP CP carers do not have to meet the CP constant care criteria (1.1.C.310) or restrict the hours they cease care provision to work or study to 25 hours each week (188.8.131.52). Ex WP CP carers do not qualify for the 14 week payment continuation when the care receiver moves permanently into an institution.
Following the death of a partner or care receiver, bereavement assistance may be available (3.1.5).
As long as the carer continuously receives CA for either the person for whom they qualified for WP or another person for whom they received CA on 19 March 2020, the carer's CP qualification will continue.
If CA is cancelled the ex WP carer will cease to receive CP. If CA cannot be reinstated without a gap in entitlement, CP for the ex WP recipient cannot be restored or granted. In this case, the carer will need to apply and test eligibility for CP under the general CP qualification criteria.
Example: Maria is a WP recipient who also receives CA for care she provides to her husband Munzo. On 20 March 2020, Maria was transferred to CP as WP had ceased. On 1 April 2020 Maria's CA was cancelled which meant her CP was cancelled from the same date. Maria successfully appeals the cancellation decision to the AAT (within 13 weeks of the cancellation) and as a result Maria's CA is restored from the date of cancellation. As there has been no gap in her CA entitlement, her CP is also re-granted under the ex WP CP provisions.
Example: Vidya cares for Sunil and receives CA and CP as she was in receipt of WP on 19 March 2020. In November 2020 they visit family overseas for 8 weeks and her CA and CP are suspended. Upon their return her CA is restored from the date of return to Australia. As there is a gap in Vidya's CA entitlement she is no longer entitled to CP under the ex WP provisions and she will need to test her eligibility for CP under the general CP qualification provisions.
Act reference: SSAct section 198AD Qualification - WP and CA recipient, section 198AC Effect of cessation of care etc. on CP, section 235 Continuation of CP for bereavement period where person cared for dies, section 992J Continued CA during bereavement rate continuation period where disabled child dies, section 992K Lump sum payable in some circumstances (death of disabled child), section 992L Continuation of qualification for CA for 4 weeks in some cases where recipient's disabled child dies, section 992LA Continued CA during bereavement rate continuation period where disabled adult dies, section 992LB Lump sum payable in some circumstances (death of disabled adult), Part 2.5 Division 9 Bereavement payments