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Social Security Act 1991
38EDisability Care Load Assessment (Child) Determination
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#### 38E 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.