Document ID: chunk:federal_register_of_legislation:F2019L00285:clause:1_9
Version: federal_register_of_legislation:F2019L00285
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 5807–6879

9  Carer duties
  Special circumstances
 (1) Special circumstances, beyond a person's control, exist where:
 (a) a family member of the person is temporarily incapacitated due to illness or accident; and
 (b) the family member needs full-time care during the incapacity; and
 (c) the person provides the care; and
 (d) other ways of providing the care are not reasonably available; and
 (e) the person does not qualify for a carer payment under section 198 of the Act; and
 (f) the person is unable to satisfy the activity test because the person is providing the care.

  Definition of care
 (2) In this section, care includes the following:
 (a) attention;
 (b) supervision.

  Maximum exemption period
 (3) In the special circumstances mentioned in subsection (1), it may be unreasonable to expect the person to satisfy the activity test:
 (a) for a period of up to13 weeks, starting when the person begins to provide the care; and
 (b) for a further period of up to 13 weeks, if, at the end of the initial 13 week period the special circumstances remain unchanged.