Social Security Act 1991

The Secretary may determine that a person is qualified for a carer payment for a period if:

the person is personally providing constant care for one or more persons (the care receiver or care receivers) each with:

a severe disability or severe medical condition; or

a disability or medical condition; and

each care receiver is aged under 16 at the start of the period; and

in relation to each care receiver—a treating health professional has certified in writing that, because of the severe disability or severe medical condition, or because of the disability or medical condition:

the care receiver will need personal care for at least 3 months but less than 6 months; and

the care is required to be provided by a specified number of persons; and

apart from the fact that the care receiver, or care receivers, will need personal care for less than 6 months, the person would qualify for a carer payment:

under section 197B or 197C (whether or not because of section 197F) for caring for the care receiver or care receivers; or

under section 197D (whether or not because of section 197F) for caring for the care receiver and another person.

The period determined by the Secretary:

must be 3 months or more and less than 6 months; and

must not begin before the person’s start day.

A person does not cease to be qualified for a carer payment under this section only because the care receiver (or any of them) turns 16 before the end of the period determined by the Secretary.