197Definitions

#### 197 Definitions (1) In this Part, unless the contrary intention appears: > Adult Disability Assessment Tool has the meaning given by subsection 38C(3). > care includes attention and supervision. > care child means: (a) a sole care child; or (b) a combined care child; or (c) a multiple care child. > care receiver has the meaning given by subsection 197B(1), 197C(1), 197D(1), 197E(1), 197G(1), 197H(1) or 198(2). > combined care child has the meaning given by subsection (4). > Disability Care Load Assessment (Child) Determination has the meaning given by subsection 38E(1). > disabled adult means a person aged 16 or more who: (a) has a physical, intellectual or psychiatric disability; and (b) is likely to suffer from that disability permanently or for an extended period. > higher ADAT score adult means a disabled adult who is a care receiver because paragraph 198(2)(a) applies. > lower ADAT score adult means a disabled adult who is a care receiver because subparagraph 197D(1)(a)(i), or paragraph 198(2)(d) applies. > multiple care child has the meaning given by subsection (5). > parent of: (a) a child with a severe disability or severe medical condition; or (b) a child with a disability or medical condition; or (c) a child who has a terminal condition; includes a person who has been granted guardianship of the child under a law of the Commonwealth, a State or a Territory. > sole care child has the meaning given by subsections (2) and (3). > treating health professional means a person who is determined under section 38F to be a treating health professional. Sole care child (2) Subject to subsections (5A), (6) and (7), a person with a severe disability or severe medical condition is a sole care child if the provisions listed in one of the following paragraphs apply in relation to him or her as a care receiver: (a) paragraphs 197B(1)(a), (b) and (c); (b) subparagraph 197G(1)(a)(i) and paragraphs 197G(1)(b) and (c); (c) paragraphs 197H(1)(a) and (b). (3) Subject to subsections (3A) and (7), a person who has a terminal condition is a sole care child if paragraphs 197E(1)(a) and (b) apply in relation to the person as a care receiver. (3A) For the purposes of subsection (3), assume that paragraph 197E(1)(a) continues to apply in relation to the person (the care receiver) after the care receiver turns 16 until the later of the following: (a) the end of the day before the day the care receiver turns 18; (b) if a person who qualifies for a carer payment for caring for the care receiver ensures that, on or before the day the care receiver turns 18, the Secretary is given all the information, statements and other materials that are needed in order for the care receiver to be assessed and rated and given a score under the Adult Disability Assessment Tool—the end of the day before the first day on which the care receiver is given such a score. Combined care child (4) Subject to subsections (5A), (6) and (7), a person with a disability or medical condition is a combined care child if the provisions listed in one of the following paragraphs apply in relation to him or her as a care receiver or as one of 2 or more care receivers: (a) paragraphs 197C(1)(a), (b) and (c); (b) subparagraph 197G(1)(a)(ii) and paragraphs 197G(1)(b) and (c); (c) paragraphs 197H(1)(a) and (b). Multiple care child (5) Subject to subsections (5A), (6) and (7), a person with a disability or medical condition is a multiple care child if the provisions listed in one of the following paragraphs apply in relation to him or her as a care receiver or as one of 2 or more care receivers: (a) subparagraph 197D(1)(a)(ii) and paragraphs 197D(1)(b) and (c); (b) subparagraph 197G(1)(a)(ii) and paragraphs 197G(1)(b) and (c); (c) paragraphs 197H(1)(a) and (b). Person may be over 16 (5A) For the purposes of subsections (2), (4) and (5), assume that paragraph 197B(1)(a) or 197C(1)(a) or subparagraph 197D(1)(a)(ii) (as the case requires) continues to apply in relation to the person (the care receiver) after the care receiver turns 16 until the later of the following: (a) the end of the period of 3 months starting on the day the care receiver turns 16; (b) if a person who qualifies for a carer payment for caring for the care receiver ensures that, on or before the day the care receiver turns 16, the Secretary is given all the information, statements and other materials that are needed in order for the care receiver to be assessed and rated and given a score under the Adult Disability Assessment Tool—the end of the day before the first day on which the care receiver is given such a score. (6) For the purposes of subsections (2), (4) and (5), assume that paragraph 197G(1)(b) or 197H(1)(b) (as the case requires) continues to apply in relation to the person if: (a) the person has turned 16; and (b) the person has not been assessed and rated and given a score under the Adult Disability Assessment Tool. Constant care (7) If section 197F applies in relation to the person as a care receiver or as one of 2 or more care receivers, it does not matter that the care provided for the person is not constant care.