Section 1061ZK — Social Security Act 1991: Qualification: general rules

(1) A person is qualified for a health care card on a day if this section applies to the person on that day. (2) This section applies to a child on a day if a person is qualified under Part 2.19 for carer allowance for the child on that day. (3) This section applies to a disabled child on a day if all of the following paragraphs are satisfied on that day: (a) the child is or would, but for subsection 5(3), be a dependent child of another person (the carer); (b) because of his or her disability, the child needs, on a daily basis, a level of care and attention that is substantially more than that needed by a person of the same age who does not have a physical, intellectual or psychiatric disability; (c) the child receives care and attention on a daily basis from: (i) if the carer is a member of a couple—the carer, the carer’s partner or the carer together with another person (whether or not the carer’s partner); or (ii) if the carer is not a member of a couple—the carer or the carer together with another person; (d) that care and attention is received in a private home that is the residence of the child and the carer; (e) the carer satisfies the carer allowance income test under section 957A. Note: For disabled child, see subsection (8). (3A) This section applies to a person on a day if a person is qualified under section 197G or 197H or subsection 198AA(4) or (5) (whether or not because of section 197F) for a carer payment on that day. (4) This section applies to a person on a day if, on that day: (a) the person is entitled, under the Family Assistance Administration Act, to be paid family tax benefit by instalment; and (b) the person’s daily rate of family tax benefit consists of, or includes, a Part A rate calculated under Part 2 or 3A of Schedule 1 to the Family Assistance Act that is greater than nil (disregarding reductions (if any) under clause 5 of that Schedule); and (c) the person’s income excess for the purposes of Division 2C of Part 5 of Schedule 1 to the Family Assistance Act is nil. (4A) This section applies to a person on a day if, on that day: (a) the person has a regular care child; and (b) the person is not entitled, under the Family Assistance Administration Act, to be paid family tax benefit by instalment; and (c) the person’s income excess for the purposes of Division 2C of Part 5 of Schedule 1 to the Family Assistance Act is nil. (5) This section applies to a person (other than a person who is qualified for a pensioner concession card because of subsection 1061ZA(2A), (2B), (2D) or (2E)) on a day if on that day the person is receiving: (a) a youth allowance; or (b) an austudy payment; or (c) a jobseeker payment; or (f) benefit PP (partnered); or (h) special benefit. (6) This section applies to a person on a day if on that day: (a) the person is receiving a payment under the ABSTUDY Scheme that includes an amount identified as living allowance, where the person satisfies the eligibility criteria for that payment; or (b) another person, on behalf of the person, is receiving a payment under the ABSTUDY Scheme that includes an amount identified as living allowance. (7) This section applies to a person on a day if, on that day, the person is receiving mobility allowance. (8) In subsection (3): disabled child means a person aged under 16 years and 3 months who: (a) has a physical, intellectual or psychiatric disability; and (b) is likely to suffer from that disability permanently or for an extended period. (9) This section has effect subject to section 1061ZN.