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.

3.6.7.42 Qualification for CA (child) - transition (turning 16 years of age) from CA (child) to CA (adult)

Note: The following transition rules apply where the child turns 16 years and 3 months of age BEFORE 1 April 2023. Transition rules for children turning 16 years and 3 months ON or AFTER 1 April 2023 can be found at 3.6.7.43 CA (child) to CA (adult) transfer process.

Summary

A carer in receipt of CA (child) can remain qualified for CA for up to 3 months after the child turns 16 years of age, or until the child is assessed, rated and given a score under the ADAT.

To transition from CA (child) to CA (adult) the care receiver must be assessed, rated and scored under the ADAT.

Transition rules

If the child is assessed, rated and given a score under the ADAT (that is, a determination is made by the delegate of the Secretary) PRIOR to their 16th birthday and:

  • is given a qualifying score for CA (adult) (that is, a score of at least 30, with a total professional questionnaire score of at least 12), CA will transition from CA (child) to CA (adult) on the child's 16th birthday
  • is NOT given a qualifying score of CA (adult), CA (child) will be cancelled on the child's 16th birthday.

If the child is assessed, rated and given a score under the ADAT (that is, a determination is made by the delegate) AFTER the child's 16th birthday but BEFORE the child turns 16 years and 3 months and:

  • is given a qualifying score for CA (adult), the carer will transition to CA (adult) on the day the determination is made
  • is NOT given a qualifying score for CA (adult), CA (child) will be cancelled on the day the determination is made.

If the child is not assessed, rated and given an ADAT score (that is, a determination is NOT made by the delegate) before the child turns 16 years and 3 months, CA (child) is cancelled on the day the child turns 16 years and 3 months. If the child is then assessed, rated and given an ADAT score (that is, a determination is made by the delegate after the child turns 16 years and 3 months) normal date of effect rules will apply.

Example: Helen qualifies for CA in respect of her daughter Bella. Due to her caring commitments, Helen is unable to complete the ADAT prior to Bella turning 16. Helen lodges a completed ADAT 2 months after Bella's 16th birthday. Helen remains qualified for CA in respect of a child under SSAct subsection 953A(1) until Bella is given a score under the ADAT. In the event that Bella does not receive the requisite score on the ADAT to qualify for CA for an adult, then Helen's CA should be cancelled as of the date the Secretary determines Bella's score.

If, in the above example, Helen did not provide a new claim under the ADAT for Bella prior to the date 3 months after Bella's birthday, Helen's CA would be cancelled on that date.

Note: A carer in receipt of CA (child) through qualification for CP (child) will continue to receive CA (child) until the CP (child) ceases (that is, until either 3 months after the child turns 16 years or until a determination is made in relation to qualification for CP (adult)).

Act reference: SSAct section 953A Remaining qualified for CA after child turns 16, section 954B Qualification for CA-receiving CP for caring for child or children

Policy reference: SS Guide 3.6.4.10 Qualification for CP, 3.6.4.34 CP (child) to CP (adult) transfer process, 3.6.7.30 Qualification for CA, 3.6.7.35 Qualification for CA (child) - automatic qualification for CA (child) through qualification for CP (child), 3.10.5 Dates of effect

Carer qualified for short term or episodic care

A carer qualified for CA (child) through qualification for CP (child) for short term or episodic care (3.6.4.38) will remain qualified for CA (child) until the CP (child) ceases (that is, until the end of the period determined by the delegate).

Qualification for CA (child) through qualification for CP (child) does not cease for short term or episodic care (3.6.4.38) if the care receiver/s turns 16 years before the end of the period determined by the delegate, provided they continue to meet all other qualification provisions.

Act reference: SSAct section 197G Qualification-short term or episodic care of children, section 954B Qualification for CA-receiving CP for caring for child or children

Policy reference: SS Guide 3.6.4.10 Qualification for CP, 3.6.4.38 Qualification for CP (child) - short term or episodic care, 3.6.7.30 Qualification for CA, 3.6.7.35 Qualification for CA (child) - automatic qualification for CA (child) through qualification for CP (child), 3.10.5 Dates of effect

Carer qualified for a child who has a terminal condition

A carer qualified for CA (child) through qualification for CP (child), for a child who has a terminal condition, remains qualified for CA (child) and CP (child) until the child turns 18 years, provided they continue to meet all other qualification provisions.

Act reference: SSAct section 197E Qualification-child who has a terminal condition, section 954B Qualification for CA-receiving CP for caring for child or children

Policy reference: SS Guide 3.6.4.10 Qualification for CP, 3.6.4.33 Qualification for CP (child) - child who has a terminal condition, 3.6.7.35 Qualification for CA (child) - automatic qualification for CA (child) through qualification for CP (child), 3.10.5 Dates of effect

Carer qualified for caring for 2 children with disability

If a child who qualifies a carer for CA for caring for 2 children with disability is turning 16 years, the carer can apply for:

  • CA (adult) for the child turning 16 years
  • CA (child) for the child not turning 16 years, and/or
  • CA (child) for caring for 2 children with disability - if the carer has another child with disability or a medical condition in their care.

A carer will remain qualified for CA in respect of 2 children until either of the children turn 16 years and 3 months of age. That is, the carer will remain qualified for CA until one of the following 2 events occurs:

  • Either of the children is assessed and given a score under the ADAT.
  • Either of the children turns 16 years and 3 months.

In both these events the person will continue to receive CA until the day before either the ADAT score is given or the child/ren turn/s 16 years and 3 months of age.

Example: Ijaz qualifies for CA in respect of the combined care of his 2 sons, Ahmed and Ali. Ahmed is aged 14 years and Ali aged 16 years as of 1 January. Due to his caring commitments, Ijaz is unable to complete the ADAT and to receive a score for Ali until 27 February. Ijaz remains qualified for CA (child) for his care in respect of both Ahmed and Ali under SSAct subsection 953A(2) until 26 February.

Because Ali is now aged 16, he has to be assessed separately under the adult qualification criteria. In the event that Ali does not receive the required score on the ADAT to qualify for CA for an adult, then Ijaz's CA should be cancelled as of the 26 February.

If Ali does receive the required score on the ADAT, then Ijaz will qualify for CA for an adult in respect of Ali from 27 February.

If, in the above example, Ijaz did not provide a new claim under the ADAT for Ali prior to the date 3 months after Ali's birthday, Ijaz's CA would be cancelled on that date. Ahmed qualified for CA as part of a combined assessment with Ali. If Ijaz wishes to continue to receive CA for Ahmed a new qualifying score would need to be achieved under the DCLA. CA would be cancelled for Ahmed if this is not achieved.

Act reference: SSAct section 953 Qualification for CA - caring for either 1 or 2 disabled children

Policy reference: SS Guide 3.6.7.30 Qualification for CA

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