Section 38E — Social Security Act 1991: Disability Care Load Assessment (Child) Determination

(1) The Secretary may, by legislative instrument (the Disability Care Load Assessment (Child) Determination): (a) devise a test for assessing the functional ability, behaviour and special care needs of a person aged under 16 (the child), that includes an assessment that must be completed only by a treating health professional; and (b) provide a method for rating the care needs of the child; and (c) provide a method for giving a qualifying rating to a person (the carer) who is caring for the child that takes into account: (i) the care provided for the child by the carer; and (ii) the assessment completed by the treating health professional. (2) If a carer who is caring for a child also cares for one or more other persons (whether or not aged under 16), the Disability Care Load Assessment (Child) Determination may provide a method for giving a qualifying rating to the carer that takes into account: (a) both: (i) the care provided for the child by the carer; and (ii) the assessment completed by the treating health professional; and (b) the care provided by the carer for each other person. (3) The Disability Care Load Assessment (Child) Determination may, in addition, declare that a physical, intellectual or psychiatric disability specified in the determination is a recognised disability for the purposes of section 953.