Document ID: chunk:federal_register_of_legislation:C2009A00044:clause:1_197e
Version: federal_register_of_legislation:C2009A00044
Segment Type: clause
Provision Reference: sch 1 cl 197E
Character Range: 10124–12011

197E  Qualification—child who has a terminal condition
 (1) A person is qualified for a carer payment if:
 (a) the person personally provides constant care for a person (the care receiver) aged under 16; and
 (b) a medical practitioner certifies in relation to the care receiver that:
 (i) the care receiver has a terminal condition; and
 (ii) the average life expectancy for a child with the same or a similar condition is not substantially longer than 24 months; and
 (iii) because of the condition the care receiver will need personal care for the remainder of his or her life; and
 (iv) the personal care is required to be provided by a specified number of persons; and
 (c) the provision of constant care by the person severely restricts the person's capacity to undertake paid employment; and
 (d) the requirements of subsections (3), (4) and (5) are met.
 (2) Despite paragraph (1)(a), the person remains qualified for a carer payment under this section after the care receiver turns 16 until the earlier of the following:
 (a) the person no longer otherwise qualifies for a carer payment under this section for caring for the care receiver;
 (b) the care receiver turns 18.

Constant care in home
 (3) The constant care must be provided in a private residence that is the home of the care receiver.

Person must be Australian resident
 (4) The person must be an Australian resident.
Note: For Australian resident see section 7.

Care receiver: residence and income and assets tests etc.
 (5) The care receiver must:
 (a) require constant care; and
 (b) be an Australian resident; and
 (c) pass the income test under section 198A; and
 (d) either:
 (i) pass the assets test under section 198D; or
 (ii) be the subject of a decision in force under subsection 198N(2), (3) or (4) that subparagraph (i) does not disqualify the person providing the constant care from carer payment.