Document ID: chunk:federal_register_of_legislation:C2009A00044:clause:1_197d
Version: federal_register_of_legislation:C2009A00044
Segment Type: clause
Provision Reference: sch 1 cl 197D
Character Range: 7877–10124

197D  Qualification—disabled adult and one or more children each with a disability or medical condition

Disabled adult and one or more children each with a disability or medical condition
 (1) A person is qualified for a carer payment if:
 (a) the person personally provides constant care for both or all of the following persons (the care receivers):
 (i) a disabled adult who has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 20, being a score calculated on the basis of a total professional questionnaire score of at least 8;
 (ii) one or more persons aged under 16 each with a disability or medical condition; and
 (b) the person has been given a qualifying rating of intense under the Disability Care Load Assessment (Child) Determination for caring for the care receivers; and
 (c) in relation to each care receiver who is aged under 16—a treating health professional has certified in writing that, because of that disability or condition:
 (i) the care receiver will need personal care for 6 months or more; and
 (ii) the personal care is required to be provided by a specified number of persons; and
 (d) the provision of constant care by the person severely restricts the person's capacity to undertake paid employment; and
 (e) the person is not qualified for a carer payment under section 198 because of paragraph 198(2)(a) for caring for the care receiver who is the disabled adult; and
 (f) the requirements of subsections (2), (3) and (4) are met.

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

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

Care receivers: residence and income and assets tests etc.
 (4) The care receivers must:
 (a) require constant care; and
 (b) be Australian residents; 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.