Document ID: chunk:federal_register_of_legislation:C2025C00162:clause:1a_143
Version: federal_register_of_legislation:C2025C00162
Segment Type: clause
Provision Reference: sch 1A cl 143
Character Range: 2936145–2937954

143  Saving—profoundly disabled child and disabled child

Profoundly disabled child and disabled child
 (1) Subject to this clause, if, immediately before 1 July 2009, a person was taken, under section 731J of this Act, to satisfy the activity test because the person met the qualification conditions for a carer payment for caring for a child or children referred to in paragraph 198(2)(b) or (c) of this Act, this Act (as in force immediately before that time) continues to apply in relation to the person.

Taken to satisfy the activity test for up to 3 months after child turns 16
 (2) If:
 (a) either:
 (i) a person continues to be taken to satisfy the activity test in section 731J of this Act because of subclause (1) for caring for a child or children; or
 (ii) a person starts to become taken to satisfy the activity test because of subclause 142(3) for caring for a child or children; and
 (b) the child, or one of the children, turns 16; and
 (c) the child has not been assessed and rated and given a score under the Adult Disability Assessment Tool; and
 (d) apart from the child turning 16, the person would remain taken to satisfy the activity test;
the person continues to be taken to satisfy the activity test for 3 months after the child turns 16.

Unlimited hospitalisation—profoundly disabled child or disabled child
 (3) Subsection 731J(2) of this Act as amended by Schedule 1 to the Social Security Legislation Amendment (Improved Support for Carers) (Consequential and Transitional) Act 2009 applies to a person who:
 (a) continues to be taken to satisfy the activity test in section 731J of this Act because of subclause (1) for caring for a child or children; or
 (b) starts to become taken to satisfy the activity test because of subclause 142(3) for caring for a child or children.