Sch 6Extension of carer payment for carers of severely disabled children

Schedule 6—Extension of carer payment for carers of severely disabled children

 

1  Subsection 197(1) (definition of profoundly disabled child)

After “(2)”, insert “, (2AA)”.

2  After subsection 197(2)

 (2AA) A child is a profoundly disabled child if:

 (a) the child has either:

 (i) a severe intellectual, psychiatric or behavioural disability; or

 (ii) a severe intellectual, psychiatric or behavioural medical condition; and

 (b) the child, because of the disability or condition, needs continuous personal care for:

 (i) 6 months or more; or

 (ii) if the child’s condition is terminal and the child’s life expectancy is less than 6 months—the remainder of the child’s life; and

 (c) the child is at least 6, and under 16, years of age; and

 (d) because of the child’s disability or condition, the child does one or more of the following:

 (i) repeatedly engages in dangerous behaviour that is, or that gives rise to, a significant risk (whether immediate or long‑term) to the child’s health or safety and that, without carer intervention, would result in the child suffering sustained tissue or bodily damage, or death;

 (ii) repeatedly engages in aggressive or violent behaviour that is, or that gives rise to, a significant risk to the health or safety of others, or that results in significant property damage, as a result of which the child is regularly or permanently excluded from community programs, activities, services or facilities;

 (iii) repeatedly engages in severe sexually deviant or sexually inappropriate behaviour, as a result of which the child is regularly or permanently excluded from community programs, activities, services or facilities.

3  Subsection 198(8)

After “profoundly disabled child”, insert “within the meaning of subsection 197(2) or (2A)”.

4  At the end of section 198

Carers of certain profoundly disabled children

 (10) If the care receiver is a profoundly disabled child within the meaning of subsection 197(2AA):

 (a) the person must provide continuous personal care for the child within the meaning of paragraph (b) of that subsection; and

 (b) the provision of that care by the person must severely restrict the person’s capacity to undertake paid employment.

Schedule 7—Special disability trusts

Part 1—Amendment of the Social Security Act 1991

1  Subsection 23(1)

immediate family member, of a person, means an individual:

 (a) who is a natural parent, adoptive parent or step‑parent of the person; or