Social Security Act 1991

The purpose of this section is to treat a person as qualified for a carer payment under section 197B, 197C or 197D, or because of 197F, for caring for:

one or more persons aged under 16; or

persons who include one or more persons aged under 16;

If:

a person is qualified for a carer payment for caring for one or more care receivers aged under 16 for a period (the preceding period):

under section 197G; or

if section 197H has applied to the person and the care receiver or care receivers—under the most recent application of that section; and

before the end of the preceding period, and before the care receiver (or any of them) turns 16, the person gives the Secretary a certificate in relation to each of them as required by whichever of subsection (3) or (4) applies; and

apart from paragraph 197B(1)(c), 197C(1)(c) or 197D(1)(c), the person would be qualified (whether or not because of section 197F) for a carer payment for caring for the care receiver or care receivers or for persons who include at least one of them;

Paragraphs 197B(1)(c), 197C(1)(c) and 197D(1)(c) require that a treating health professional has certified that the care receiver, or each of them, will need personal care for 6 months or more.

If the person was qualified for a carer payment under section 197G or 197H for caring for a care receiver with a severe disability or severe medical condition, there must be a certificate from a treating health professional certifying that:

because of a severe disability or severe medical condition the duration of the personal care needed by the care receiver is 6 months or more; and

the severe disability or severe medical condition is the same as, or related to, the severe disability or severe medical condition that necessitated the care for the preceding period; and

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

If the person was qualified for a carer payment under section 197G or 197H for caring for one or more care receivers aged under 16 each with a disability or medical condition, there must be a certificate in relation to each care receiver from a treating health professional certifying that:

because of a disability or medical condition, the duration of the personal care needed by the care receiver is 6 months or more; and

the disability or condition is the same as, or related to, the disability or condition that necessitated the care for the preceding period; and

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

For the purposes of paragraphs (3)(a) and (4)(a):

the 6 months includes any preceding periods under section 197G or under an application of section 197H; and

it does not matter if the treating health professional who certified under those sections is the same treating health professional referred to in subsection (3) or (4) or not.