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.

3.6.7.20 CA (child) HCC only - measuring the level of care & attention

14 hour rule (1.1.F.170)

For the purpose of assessing CA (child) HCC only (1.1.C.100), substantially more care and attention means at least 14 hours per week of additional care. The assessment is based on the additional care and attention required by the child because of the disability, and is measured in hours per day or week.

The 14 hour rule is a simple and objective assessment process which uses information provided by the child's THP (1.1.T.170) to determine the amount of care and attention the child requires.

Explanation: The 14 hour rule removes the need for the parent/carer to describe the disability or level of care that is provided, and means the delegate does not have to make a judgement based on that description. Generally the parent or carer would have discussed the care and attention requirements with the THP before lodging the claim.

Qualification under the 14 hour rule

To qualify under the 14 hour rule:

  • the THP must certify that
    • the child has disability or medical condition which is permanent or likely to continue for at least 12 months, AND
    • the child needs 14 or more hours of additional care per week, AND
  • the child must be a dependent child of the carer (disregarding SSAct subsection 5(3) definition of dependent child), AND
  • the carer must provide the additional care, whether or not that care is provided together with the carer's partner or another person, AND
  • the care must be provided in the home of the carer and the child, AND
  • the child must be an Australian resident.

The carer's ATI (3.6.7.32), and that of their current partner (where applicable), must also be below the $250,000 income test threshold in order to qualify for CA (child) HCC only.

Act reference: SSAct section 1061ZK Qualification: general rules, section 5(1)-'dependent child'

Policy reference: SS Guide 3.6.7.10 Qualification for CA (child) HCC only

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