Document ID: chunk:federal_register_of_legislation:C2025C00162:section:198ac:p2
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 198AC (pt 2/3)
Character Range: 558279–560781

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 the person in a calendar year is the number of whole days worked out in accordance with the formula:
where:
carer payment period, in relation to a calendar year, means:
 (a) if only 197G applied to the person to any extent in the calendar year—the number of days in the period determined under that section that fall in the calendar year; or
 (b) if sections 197G and 197H applied to the person to any extent in the calendar year—the number of days worked out by adding the days in each period determined under those sections to the extent that those days fall in the calendar year.
It does not matter whether section 197G or 197H (or both of them) apply because of section 197F or not.
limit, in relation to a calendar year, means:
 (a) 63 days; or
 (b) another number of days in the calendar year that the Secretary, for any special reason in the particular case, decides to be appropriate.
 (3B) If:
 (a) because of subsection (1A), the person does not cease to be qualified in a calendar year for a carer payment under section 197G or 197H for a care receiver or care receivers; and
 (b) the number of days (the qualifying days) for which the person does not cease to be qualified (whether under subsection (1A) or (2), or a combination of them) in the calendar year is not more than the number of days worked out under subsection (3A) in relation to the person; and
 (c) subsequently in the calendar year, the person begins to qualify for a carer payment because of section 197J for the care receiver or care receivers;
subsection (3) applies as if the periods referred to in whichever of paragraphs (a) and (b) of that subsection apply were reduced by the number of qualifying days.

Rule if limit on subsection (1), (1A) or (2) is exceeded
 (3C) If:
 (a) a person ceases to be qualified for carer payment because the person exceeds the limit set out in subsection (3) or (3A) in a calendar year; and
 (b) the person resumes providing care for the care receiver or care receivers on a day in the calendar year;
the person:
 (c) is not precluded from qualifying again for carer payment in relation to that day or any later day in the calendar year for which the person provides care for the care receiver or care receivers merely because the person has exceeded the