Document ID: chunk:federal_register_of_legislation:C2025C00162:clause:1a_141
Version: federal_register_of_legislation:C2025C00162
Segment Type: clause
Provision Reference: sch 1A cl 141
Character Range: 2932431–2934471

141  Saving—profoundly disabled child and disabled child

Profoundly disabled child and disabled child
 (1) Subject to this clause, if a person was receiving a carer payment immediately before 1 July 2009 because the person was qualified for that payment under paragraph 198(2)(b) or (c) of this Act, this Act (as in force immediately before that time) continues to apply in relation to the person.

Remaining qualified for up to 3 months after child turns 16
 (2) Despite the repeal of paragraphs 198(2)(b) and (c) of this Act by the Social Security Legislation Amendment (Improved Support for Carers) Act 2009, paragraph 197K(1)(a) of this Act applies to a person as if that paragraph included a reference to a person:
 (a) who was qualified for a carer payment under either of the repealed paragraphs; and
 (b) who:
 (i) remains qualified for a carer payment because of subclause (1); or
 (ii) becomes qualified for a carer payment because of subclause 140(3).

Unlimited hospitalisation
 (3) Despite the repeal of paragraphs 198(2)(b) and (c) of this Act by the Social Security Legislation Amendment (Improved Support for Carers) Act 2009, subsection 198AA(1) of this Act applies to a person as if that subsection included a reference to a person:
 (a) who was qualified for a carer payment under either of the repealed paragraphs; and
 (b) who:
 (i) remains qualified for a carer payment because of subclause (1); or
 (ii) becomes qualified for a carer payment because of subclause 140(3).

Automatic qualification for carer allowance
 (4) Despite the repeal of paragraphs 198(2)(b) and (c) of this Act by the Social Security Legislation Amendment (Improved Support for Carers) Act 2009, section 954B of this Act applies to a person as if paragraph 954B(a) included a reference to a person:
 (a) who was qualified for a carer payment under either of the repealed paragraphs; and
 (b) who:
 (i) remains qualified for a carer payment because of subclause (1); or
 (ii) becomes qualified for a carer payment because of subclause 140(3).