Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p36
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 91296–94143

care in a private residence for at least 14 consecutive days.".

7. Application of amendment made by item 6

Paragraph 11(7)(f) of the Social Security Act 1991 extends to periods that began when a person started to provide a substantial level of care before the commencement of this item. However, the amendment made by item 6 does not affect a person's entitlement (or lack of entitlement) to an amount by way of rent assistance in relation to a time before the commencement of this item.

8. Subsection 11(7):

Omit the Note, substitute:

"Note: For in a care situation, see subsection 13(9); for in residential care see subsection 13A(5).".

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SCHEDULE 9 Section 3

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO CONTINUE PAYMENT OF CARER PENSION AFTER PERSON RECEIVING CARE IS ADMITTED TO AN INSTITUTION

1. Section 211:

Add at the end:

     "Note 3: For the impact on payment of carer pension when a person ceases to be qualified in certain circumstances, see section 225AA.".

2. Paragraph 225(1)(c):

After "section" insert "225AA,".

3. Before section 225A:

Insert in Subdivision B of Division 8 of Part 2.5:

Effect on carer pension when person being cared for by carer is admitted to an institution

"225AA.(1) This section applies if:

    (a) a carer pension is payable to a person (the carer) who has ordinarily been providing constant care for a severely handicapped person; and

    (b) the carer ceases to be qualified for the pension because the carer ceases to provide constant care for the severely handicapped person because the person is admitted permanently to an institution where care is provided for the person.

"(2) The carer pension continues to be payable to the carer on each of the first 7 pension paydays after the carer ceases to be qualified, and then ceases to be payable.".

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SCHEDULE 10 Section 3

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 TO PROVIDE CARER PENSION FOR PERSONS CARING FOR PERSONS WHO DO NOT RECEIVE PENSIONS OR BENEFITS

1. Section 3:

After the entry in the Index relating to "care" insert:

"care receiver 23(1)".

2. Subsection 19B(1):

Omit "section", substitute "sections 198N (exemption from care receiver assets test) and".

3. Subsection 19B(1):

After "Subdivision AA" insert "of Division 2".

4. Subsection 23(1) (paragraph (d) of definition of recipient notification notice):

Omit "section 222", substitute "subsection 222(1)".

5. Subsection 23(1):

Insert:

"care receiver means a person referred to in subsection 198(1B).".

6. Subparagraph 198(1)(d)(ii):

After "test)" insert "or subsection (1B) (description of care receiver)".

7. After subsection 198(1A):

Insert:

"(1B) This subsection applies to a severely handicapped person if the person:

(a) requires constant care; and

(b) is at least 16; and

(c) is an Australian resident; and

(d)