Section 197B — Social Security Act 1991: 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.