Document ID: chunk:federal_register_of_legislation:C2004A00406:clause:1_198ac:p1
Version: federal_register_of_legislation:C2004A00406
Segment Type: clause
Provision Reference: sch 1 cl 198AC (pt 1/2)
Character Range: 14229–16917

198AC  Effect of cessation of care etc. on carer payment

Continuation of payment where temporary cessation of care

 (1) Subject to subsection (3), if:
 (a) a person is qualified for carer payment because the person is personally providing constant care for a care receiver or care receivers; and
 (b) the person temporarily ceases to provide that care for the care receiver or care receivers;
the person does not cease to be qualified for the carer payment merely because of:
 (c) that cessation; or
 (d) the person not being in Australia during that cessation.

Continuation of payment after hospitalisation—section 198AA ceases to apply

 (2) Subject to subsection (3), if:
 (a) a person is qualified for carer payment under section 198AA because the person is participating in the care of an adult or child in hospital; and
 (b) apart from this subsection, the person would later cease to be qualified for carer payment under that section; and
 (c) the person would not cease to be qualified for carer payment if the person were providing constant care in Australia for the adult or child, or the adult or child and another person;
the person does not cease to be qualified for carer payment merely because of:
 (d) the lack of provision of the constant care; or
 (e) the person not being in Australia while that lack occurs.

Limit on subsections (1) and (2)

 (3) However, the period, or the sum of the periods, for which subsection (1) or (2), or a combination of those subsections, can apply is:
 (a) 63 days in any calendar year; or
 (b) another period that the Secretary, for any special reason in the particular case, decides to be appropriate.

Cessation of constant personal care in order to undertake training etc.

 (4) If:
 (a) a person is qualified for carer payment because the person is personally providing constant care for a care receiver or care receivers; and
 (b) the person temporarily ceases to provide that care in order to undertake training, education, unpaid voluntary work or paid employment; and
 (c) the cessation does not exceed 20 hours per week;
the person does not cease to be qualified for the carer payment merely because of the cessation.

Cessation of participation in hospital care in order to undertake training etc.

 (5) If:
 (a) a person is qualified for carer payment because the person is participating in the care of another person in hospital; and
 (b) the person temporarily ceases to participate in the care in order to undertake training, education, unpaid voluntary work or paid employment; and
 (c) the cessation does not exceed 20 hours per week;
the person does not cease to be qualified for the carer payment merely because