Document ID: chunk:federal_register_of_legislation:C2009A00045:clause:1_7
Version: federal_register_of_legislation:C2009A00045
Segment Type: clause
Provision Reference: sch 1 cl 7
Character Range: 3488–5853

7  Subsection 197(3)
Repeal the subsection, substitute:

Sole care child
 (2) Subject to subsections (6) and (7), a person with a severe disability or severe medical condition is a sole care child if the provisions listed in one of the following paragraphs apply in relation to him or her as a care receiver:
 (a) paragraphs 197B(1)(a), (b) and (c);
 (b) subparagraph 197G(1)(a)(i) and paragraphs 197G(1)(b) and (c);
 (c) paragraphs 197H(1)(a) and (b).
 (3) Subject to subsection (7), a person who has a terminal condition is a sole care child if paragraphs 197E(1)(a) and (b) apply in relation to the person as a care receiver. For the purposes of this subsection, assume that paragraph 197E(1)(a) continues to apply in relation to the person if:
 (a) the person has turned 16; and
 (b) subsection 197E(2) applies in relation to him or her as a care receiver.

Combined care child
 (4) Subject to subsections (6) and (7), a person with a disability or medical condition is a combined care child if the provisions listed in one of the following paragraphs apply in relation to him or her as a care receiver or as one of 2 or more care receivers:
 (a) paragraphs 197C(1)(a), (b) and (c);
 (b) subparagraph 197G(1)(a)(ii) and paragraphs 197G(1)(b) and (c);
 (c) paragraphs 197H(1)(a) and (b).

Multiple care child
 (5) Subject to subsections (6) and (7), a person with a disability or medical condition is a multiple care child if the provisions listed in one of the following paragraphs apply in relation to him or her as a care receiver or as one of 2 or more care receivers:
 (a) subparagraph 197D(1)(a)(ii) and paragraphs 197D(1)(b) and (c);
 (b) subparagraph 197G(1)(a)(ii) and paragraphs 197G(1)(b) and (c);
 (c) paragraphs 197H(1)(a) and (b).

Person may be over 16
 (6) For the purposes of subsections (2), (4) and (5), assume that paragraph 197B(1)(a) or 197C(1)(a), subparagraph 197D(1)(a)(ii) or paragraph 197G(1)(b) or 197H(1)(b) (as the case requires) continues to apply in relation to the person if:
 (a) the person has turned 16; and
 (b) the person has not been assessed and rated and given a score under the Adult Disability Assessment Tool.

Constant care
 (7) If section 197F applies in relation to the person as a care receiver or as one of 2 or more care receivers, it does not matter that the care provided for the person is not constant care.