3.6.7.50 Qualification for CA during temporary cessation of care

Temporary cessation of care - up to 63 days

A carer (1.1.C.40) remains qualified for CA where they temporarily cease to provide the care receiver (1.1.C.21) with care and attention on a daily basis, 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 has specified another period), 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: Care and attention does not have to be provided in the private home of the carer or 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, CA is not payable.

Exception: The carer may have a temporary absence from caring to travel overseas without the care receiver for up to 6 weeks under the CA portability provisions. Temporary cessation of care days will be used.

Calculating temporary cessation of care

When calculating the number of days used for temporary cessation of care, do not include any periods where the carer was not in receipt of CA.

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 organisation, will not preclude receipt of CA, even if this occurs regularly. These periods do not count toward temporary cessation of care provisions.

A carer may lose qualification for CA and subsequently reclaim and be granted CA 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 CA, 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 CA do not count towards the 63 days temporary cessation of care provisions.

If granted CA 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.

Relationship between temporary cessation of care provisions & qualification for CA for non co-resident carers

Non co-residing carers can qualify for CA (adult) if they provide a minimum of 20 hours personal care per week with some care provided each day. Any midnight to midnight absence that they do not provide care is a temporary cessation of care day, up to a maximum of 63 days per calendar year.

Relationship between CA & CP temporary cessation of care provisions

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

Where a carer qualifies for CA and CP 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.

When there is more than one carer or care receiver

A carer is allowed 63 days for each care receiver who attracts CA in their own right. However, only ONE period of 63 days in a calendar year is allowed where the carer qualifies on the basis of the combined scores of 2 children (1.1.C.200).

In shared care situations, where 2 carers each receive a percentage of CA (child) or (adult), each carer is entitled to 63 days temporary cessation of care. Temporary cessation of care provisions apply equally to both carers when the care receiver is not in the care of either carer.

When 63 days provision cannot be used

A person who lodges a claim during a temporary cessation of care period (not hospitalisation) will not qualify for CA until the care receiver returns to the private home.

Absences exceeding 63 days

A delegate of the Secretary has the discretion to extend the period of temporary cessation of care in special circumstances. If a special reason exists, a carer can cease to provide the care receiver with daily care and attention for more than 63 days in a calendar year, and still retain qualification for CA.

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 CA has been cancelled because the carer has used more than 63 days temporary cessation of care, they may reapply for CA 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

A carer may qualify for CA while the care receiver is hospitalised (3.6.7.60) if some personal care is provided to the care receiver each day. If the care receiver is an adult a 63 day limit applies. Once the carer has exhausted all of their 63 hospitalisation days the carer can choose to utilise the temporary cessation of care provisions to retain qualification for CA, rather than having CA cancelled.

If the care receiver is a child who is hospitalised the carer does not lose qualification for CA if the carer continues to participate in the care of the child in hospital.

Note: There is no limit on the number of days a child care receiver may be hospitalised.

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 aged care assessment teams as needing respite care in a residential facility.