Section 197D — Social Security Act 1991: Qualification—disabled adult and one or more children each with a disability or medical condition

Disabled adult and one or more children each with a disability or medical condition (1) A person is qualified for a carer payment if: (a) the person personally provides constant care for both or all of the following persons (the care receivers): (i) a disabled adult who has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 20, being a score calculated on the basis of a total professional questionnaire score of at least 8; (ii) one or more persons aged under 16 each with a disability or 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 receivers; and (c) in relation to each care receiver who is aged under 16—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 person is not qualified for a carer payment under section 198 because of paragraph 198(2)(a) for caring for the care receiver who is the disabled adult; and (f) 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 receivers. Person must be Australian resident (3) The person must be an Australian resident. Note: For Australian resident see section 7. Care receivers: residence and income and assets tests etc. (4) The care receivers must: (a) require constant care; and (b) be Australian residents; 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.