Document ID: chunk:federal_register_of_legislation:C2009A00045:clause:1_12
Version: federal_register_of_legislation:C2009A00045
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 8577–10127

12  Subsection 198AC(2)
Repeal the subsection, substitute:
 (1A) Subject to subsections (3) and (3A), if:
 (a) a person is qualified for a carer payment:
 (i) under section 197G or 197H because the person is personally providing constant care for a care receiver or care receivers; or
 (ii) under section 197G or 197H because of section 197F because the person is personally providing care for care receivers; and
 (b) the person temporarily ceases to provide that care for the care receiver or care receivers;
the person does not cease to be qualified for the carer payment merely because of that cessation.

Continuation of payment after hospitalisation—section 198AA ceases to apply
 (2) Subject to subsections (3) and (3A), if:
 (a) a person is qualified for a carer payment under section 198AA because the person is participating in the care of an adult or child in hospital; and
 (b) apart from this subsection, the person would later cease to be qualified for carer payment under that section; and
 (c) either:
 (i) the person would not cease to be qualified for a carer payment if the person were providing constant care for the adult or child, or the adult or child and another person; or
 (ii) if the person qualified under section 198AA because of section 197F—the person would not cease to be qualified for a carer payment if the person were providing care for the adult or child, or the adult or child and another person;
the person does not cease to be qualified for carer payment merely because of the lack of provision of that care.