Document ID: chunk:federal_register_of_legislation:C2004A00406:clause:1_198:p1
Version: federal_register_of_legislation:C2004A00406
Segment Type: clause
Provision Reference: sch 1 cl 198 (pt 1/2)
Character Range: 7912–10603

198  Qualification for carer payment

 (1) A person is qualified for a carer payment if the requirements of this section are met.

Note: Sections 198AA, 198AB and 198AC allow the person to qualify in certain short‑term circumstances where the requirements would not be met.

Constant care of disabled etc. persons

 (2) The person must personally provide constant care for:
 (a) either:
 (i) if the person is the only person providing the constant care—a disabled adult (the care receiver) who has been assessed and rated, and given a score of at least 25, under the Adult Disability Assessment Tool; or
 (ii) if not—a disabled adult (the care receiver) who has been assessed and rated, and given a score of at least 80, under the Adult Disability Assessment Tool; or
 (b) a profoundly disabled child (the care receiver) aged under 16; or
 (c) 2 or more disabled children (the care receivers) aged under 16; or
 (d) a disabled adult and a dependent child of the adult (the care receivers), where:
 (i) the disabled adult has been assessed and rated, and given a score of at least 20, under the Adult Disability Assessment Tool; and
 (ii) the child is aged under 16; and
 (iii) if the child is aged 6 or more—carer allowance is payable for the child.

Note 1: In a paragraph (c) case, subsection (8) contains an additional requirement about care that must be satisfied.

Note 2: In a paragraph (d) case, subsection (9) deems certain supervision to constitute care.

Care in home

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

Carer in Australia

 (4) The person must be in Australia, unless:
 (a) the person is in a country in which carer payment may be granted to the person under a scheduled international social security agreement; and
 (b) the scheduled international social security agreement entered into force on or before 24 December 1992.

Income and assets tests etc.

 (5) The care receiver or care receivers must:
 (a) if the care receiver is a profoundly disabled child or the care receivers are 2 or more disabled children—require constant care; and
 (b) subject to subsection (6), be Australian residents; and

Note: For Australian resident see section 7.
 (c) subject to subsection (7), pass the income test under section 198A; and
 (d) subject to subsection (7), 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.

Alternative to Australian residence test for higher ADAT score adults

 (6) Paragraph (5)(b) does not