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.

3.6.7.90 Qualification during temporary absence of a child from the private home - HCC only CA (child)

Respite care or hospitalisation (1.1.R.250)

There is no legislative provision to allow continuation of HCC only CA (child) when a child is absent from the family home for respite care or hospitalisation. However, the same conditions that apply to CA (child) recipients are applied to HCC only CA (child) recipients. The carer no longer qualifies for HCC only CA (child) when the carer has ceased to provide care for more than 63 days in a calendar year, or longer in special or unusual circumstances.

Explanation: The temporary absence provisions are applied equally to HCC only CA (child) recipients to maintain consistency in the way that disabilities are assessed.

Education, training or treatment (other than in treatment in hospital) (1.1.E.20)

There is no legislative provision to allow continuation of HCC only CA (child) when a child is absent from the family home for education, training or treatment. However, it is considered that the same conditions that apply to recipients of CA (child) should apply to recipients of HCC only CA (child). If a carer receiving CA (child) would not have received a payment in similar circumstances, a carer receiving HCC only should not have the benefit of the HCC for that period. However, as this is impossible to administer, the HCC should only be cancelled if the CA (child) recipient's payment would be cancelled in similar circumstances. That is, if the care receiver is absent for education, training or treatment for more than 63 days in a calendar year (see note accompanying SSAct section 957(4)).

Example: A HCC only carer whose child is normally away at boarding school during the school term would not continue to qualify, as a CA (child) carer in a similar circumstance would not continue to qualify, once they have exceeded the 63 days allowed.

Act reference: SSAct section 957(4) Cessation of care in order to undertake training etc., section 1061ZK(3) Qualification: general rules (HCC)

Policy reference: SS Guide 3.6.7.180 Notification & recipient obligations for CA, 3.6.7.190 Continuation, variation or termination of CA

Temporary absence - overseas

A recipient must be in Australia to retain continuing qualification for HCC only CA (child).

Act reference: SSAct section 957 Effect of cessation of care etc. on CA, section 1061ZK(3) Qualification: general rules (HCC), section 1061ZN(1) Residence requirement

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