Document ID: chunk:federal_register_of_legislation:C2025C00162:section:198ac:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 198AC (pt 1/3)
Character Range: 555882–558510

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 (except under section 197G or 197H) for a carer payment:
 (i) because the person is personally providing constant care for a care receiver or care receivers; or
 (ii) if the person is qualified because of section 197F—because the person is personally providing care for 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 that cessation.
 (1A) Subject to subsections (3) and (3A), if:
 (a) a person is qualified for a carer payment:
 (i) under section 197G or 197H because the person is personally providing constant care for a care receiver or care receivers; or
 (ii) under section 197G or 197H because of section 197F because the person is personally providing care for 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 that cessation.

Continuation of payment after hospitalisation—section 198AA ceases to apply
 (2) Subject to subsections (3) and (3A), if:
 (a) a person is qualified for a 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) either:
 (i) the person would not cease to be qualified for a carer payment if the person were providing constant care for the adult or child, or the adult or child and another person; or
 (ii) if the person qualified under section 198AA because of section 197F—the person would not cease to be qualified for a carer payment if the person were providing care 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 the lack of provision of that care.

Limit on subsections (1) and (2)
 (3) Subject to subsection (3B), 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.
 (3A) The period (or the sum of the periods) for which subsection (1A) or (2) (or a combination of those subsections) can apply to