Document ID: chunk:federal_register_of_legislation:C2009A00044:clause:1_197b
Version: federal_register_of_legislation:C2009A00044
Segment Type: clause
Provision Reference: sch 1 cl 197B
Character Range: 4498–6170

197B  Qualification—child with a severe disability or severe medical condition

Child with a severe disability or severe medical condition
 (1) A person is qualified for a carer payment if:
 (a) the person personally provides constant care for a person (the care receiver) aged under 16 with a severe disability or severe medical condition; and
 (b) the person has been given a qualifying rating of intense under the Disability Care Load Assessment (Child) Determination for caring for the care receiver; and
 (c) a treating health professional has certified in writing that, because of that disability or condition:
 (i) the care receiver will need personal care for 6 months or more; and
 (ii) the personal care is required to be provided by a specified number of persons; and
 (d) the provision of constant care by the person severely restricts the person's capacity to undertake paid employment; and
 (e) the requirements of subsections (2), (3) and (4) are met.

Constant care in home
 (2) The constant care must be provided in a private residence that is the home of the care receiver.

Person must be Australian resident
 (3) The person must be an Australian resident.
Note: For Australian resident see section 7.

Care receiver: residence and income and assets tests etc.
 (4) The care receiver must:
 (a) require constant care; and
 (b) be an Australian resident; and
 (c) pass the income test under section 198A; and
 (d) either:
 (i) pass the assets test under section 198D; or
 (ii) be the subject of a decision in force under subsection 198N(2), (3) or (4) that subparagraph (i) does not disqualify the person providing the constant care from carer payment.