Document ID: chunk:federal_register_of_legislation:C2009A00045:clause:1_731hb:p2
Version: federal_register_of_legislation:C2009A00045
Segment Type: clause
Provision Reference: sch 1 cl 731HB (pt 2/2)
Character Range: 30388–32419

of section 197F for the hospitalised person—will reside in a private residence that is a home of the hospitalised person.

Relief from activity test during balance of period determined (caring for person in hospital)
 (5) A person to whom this Subdivision and subsection (6) apply is taken to satisfy the activity test during any period that does not exceed the balance of the period referred to in paragraph (6)(b).
 (6) This subsection applies to a person if:
 (a) subsection (2) applies to the person for a period for caring for one or more of the following or for persons who include the following:
 (i) a child with a severe disability or medical condition;
 (ii) a child with a disability or medical condition;
 (iii) a lower ADAT score adult; and
 (b) if the provisions referred to in subsection (7) were disregarded, the person would cease to qualify under section 197G or 197H for a carer payment for the balance of the period only because the person is participating in the care, in hospital, of:
 (i) a child referred to in paragraph (a) of this subsection (the hospitalised person); or
 (ii) the hospitalised person and one or more other persons; and
 (c) it is reasonable to expect that, upon leaving hospital, the hospitalised person:
 (i) will reside in a private residence that is the home of the hospitalised person; or
 (ii) if the carer would qualify for a carer payment because of section 197F for the hospitalised person—will reside in a private residence that is a home of the hospitalised person.

Disregard certain provisions of sections 197B, 197C and 197D
 (7) For the purposes of paragraphs (2)(a), (4)(b) and (6)(b), disregard the following:
 (a) subsection 197B(3) and paragraphs 197B(4)(b), (c) and (d);
 (b) subsection 197C(3) and paragraphs 197C(4)(b), (c) and (d);
 (c) subsection 197D(3) and paragraphs 197D(4)(b), (c) and (d).

Meaning of expressions
 (8) An expression used in this section that is defined for the purposes of Part 2.5 has the same meaning in this section as it has in that Part.