Document ID: chunk:federal_register_of_legislation:C2004C01347:clause:1_731j:p1
Version: federal_register_of_legislation:C2004C01347
Segment Type: clause
Provision Reference: sch 1 cl 731J (pt 1/2)
Character Range: 29754–32426

731J  Relief from activity test—carers

 (1) A person to whom this Subdivision applies is taken to satisfy the activity test during any period during which:
 (a) the person meets the qualification conditions for a carer payment set out in subsections 198(2), (3), (8) and (9); or
 (b) the person is participating in the care in hospital of another person (the hospitalised person), whether that other person is a disabled adult, a profoundly disabled child, a disabled child or a dependent child of a disabled adult; and
 (i) it is reasonable to assume that, if the hospitalised person were not in hospital, the carer would meet the qualification conditions for carer payment set out in subsections 198(2), (3), (8) and (9) for the hospitalised person or for the hospitalised person and another person or persons; and
 (ii) either the hospitalised person is terminally ill or it is reasonable to expect that the hospitalised person will reside in the private home of the carer and the hospitalised person upon leaving hospital.

 (2) However, the period, or the sum of the periods, for which a person to whom this Subdivision applies is taken to satisfy the activity test by virtue of the operation of paragraph (1)(b) must not exceed:
 (a) 63 days in any calendar year; or
 (b) another period that the Secretary, for any special reason in a particular case, decides to be appropriate.

 (3) If subsection (1) (including any subsection of section 198 that is applied under that subsection) uses a term that is defined for the purposes of section 198, it has the same meaning in subsection (1) as it has for the purposes of that section.

 (4) A person to whom this Subdivision applies is taken to satisfy the activity test during any period during which:
 (a) the person meets the qualification conditions for carer allowance set out in section 953 as modified by subsection (5); or
 (b) the person meets the qualification conditions for carer allowance set out in section 954 as modified by subsection (5); or
 (c) the person is participating in the care in hospital of another person (the hospitalised person), whether that other person is a disabled child or a disabled adult, and:
 (i) it is reasonable to assume that, if the hospitalised person were not in hospital, the carer would meet the qualification conditions for carer allowance set out in section 953 or 954 as so modified, whichever is appropriate, for the hospitalised person, or set out in both of sections 953 and 954 as so modified, for the hospitalised person and another person or persons; and
 (ii) either the hospitalised person is terminally ill or it is reasonable to expect that the hospitalised