Wednesday 10 April 2019

Sweet Sixteen - Do You Still Have Your Disability?

There is a certain regularity to life with a disability in Australia. Some stories just hit the newspapers again and again, in a sad indictment of how entrenched disability discrimination is.

Here is one such story.


Yep, you read that right. The same happens to amputees, by the way, who have to show proof their missing limb hasn’t somehow grown back…

I hear you ask, how is this possible?

As the general manager of the Department of Human Services is quoted saying in the article, it’s all to do with legislation and “…we are not able to automatically transition people to adult payments…”

So, lets have a look at the legislation.

This issue comes up where a person receives carer allowance ($64.90 a week, payed as $129.80 fortnightly) when caring for a child with disability. Obviously, proof of the disability is required, as is proof that the child is actually being cared for by the carer receiving the allowance.

But all going well, said child one day turns 16. And suddenly, carer allowance is cancelled – despite the disability still being there, and the child receiving the very same care. (This change is presumably based on the notion that 16 year old kids with disability regularly move out of the house to pursue lucrative careers and are no longer needing care, but I digress…)

Being 16, the person with the disability is now able to apply to receive a Disability pension ($391 fortnightly). The parent is able to request carer allowance – but for a person 16 or over – and needs to basically re-apply. And yes, you guessed it, what means the whole rigmarole of paperwork again, including confirming the diagnosis of the young person. This literally leads to the absurd situation that a doctor’s appointment needs to be booked to confirmed that, yes, the leg is still amputated and has not miraculously grown back, and no, despite amazing medical progress in recent years, we have not yet been able to reverse paraplegia or Down Syndrome (CRISPR-CAS9 where are you when we need you??). And then, Centrelink needs convincing that the care is still given despite the magic 16th birthday having passed.

Of course, there are solid reasons why social security payments may require reviewing regularly. There are, after all, some people who will abuse the system. And yes, people may have transitioned to the NDIS, their living and support arrangements may have changed

Yet why a smooth transition cannot be managed here is incomprehensible.

Section 953 of the Social Security Act 1991 (Cth) outlines the requirements to receive carer allowance for a child or children with disability or medical condition aged under 16 years of age and where the income test requirements are met. T

Section 954 of the Social Security Act lists the necessary qualification for carer allowance-caring for a disabled adult in a private home of both the adult and the carer. It applies to z person who is aged 16 years or over, whose disability or medical condition substantially impairs his or her capacity to perform activities of daily living. In addition, eligibility is determined by the ADAT (Adult Disability Assessment Tool), which measures the level of disability and care required by the care receiver. The carer must also meet the $250,000 family income test to qualify for carer allowance (adult).

Section 954 is the section of interest. Let’s have a look at it:

Qualification for carer allowance--caring for a disabled adult in a private home of both the adult and the carer
             (1)  A person is qualified for carer allowance for a disabled adult (the care receiver ) if: 
                     (b)  the care receiver is a family member of the person or is a person approved in writing by the Secretary for the purposes of this paragraph; and 
                     (c)  the care receiver has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 30, being a score calculated on the basis of a professional questionnaire score of at least 12; and 
                     (d)  because of the disability from which the care receiver is suffering, the care receiver receives care and attention on a daily basis from the person, or the person together with another person, in a private home that is the residence of the person and the care receiver; and 
                      (f)  the person is an Australian resident; and 
                      (g)  the person satisfies the carer allowance income test under section 957A. 
Note 1:       For family member see subsection 23(1). For Australian resident see section 7. 
Note 2:       For qualification for carer allowance in circumstances of hospitalisation, see section 955. 
Note 4:       For the effect of temporary cessation of care and attention on carer allowance, see section 957. 
Note 5:       For the effect of 2 people being qualified for carer allowance, see sections 964 and 965. 

Disabled adult does not qualify for carer allowance for another disabled adult
             (2)  If a person is qualified for carer allowance for a disabled adult, the disabled adult is not able to qualify for carer allowance for another disabled adult
Person cannot qualify for more than 2 carer allowances 
             (3)  A person may qualify for carer allowance under this section and/or section 954A for 2, but no more than 2, disabled adults.

I have a number of issues with this (like, why could a disabled adult parent not receive carer allowance for a dependent adult disabled child living at home is beyond me) but lets stick to the issue of transitioning from section 953 to 954 i.e. hitting the magic birthday of 16.

The solution seems relatively simple to me.

Let’s add a subsection to this section that ensures it applies to those who previously received carer allowance (under s 953) and have a confirmed permanent condition, leaving the assessment to those with conditions that are not permanent. To tidy things up, we could then introduce a section 953B (mirroring s 953A) to enable the transition.

I am sure someone used to drafting legislation can find the right words to polish what I suggested here into a working amendment…

A small adjustment.

A big impact on families.

So, today I emailed a letter to Paul Fletcher MP, the Minister for Families and Social Services, to request ad amendment to  ss 953 – 954 of the Social Security Act 1991 (Cth) to make the transition smoother for those families where a child with a permanent disability reaches their 16th birthday.

I think two relatively simple amendments are required:



1)    Amend section 954


 Current version                                                 Suggested amendment, in italics

SOCIAL SECURITY ACT 1991 - SECT 954
Qualification for carer allowance--caring for a disabled adult in a private home of both the adult and the carer
             (1)  A person is qualified for carer allowance for a disabled adult (the care receiver ) if: 
                     (a)  the care receiver is an Australian resident; and 
                     (b)  the care receiver is a family member of the person or is a person approved in writing by the Secretary for the purposes of this paragraph; and 
                     (c)  the care receiver has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 30, being a score calculated on the basis of a professional questionnaire score of at least 12; and 






                     (d)  because of the disability from which the care receiver is suffering, the care receiver receives care and attention on a daily basis from the person, or the person together with another person, in a private home that is the residence of the person and the care receiver; and 
                      (f)  the person is an Australian resident; and 
                     (g)  the person satisfies the carer allowance income test under section 957A. 

SOCIAL SECURITY ACT 1991 - SECT 954
Qualification for carer allowance--caring for a disabled adult in a private home of both the adult and the carer
             (1)  A person is qualified for carer allowance for a disabled adult (the care receiver ) if: 
                     (a)  the care receiver is an Australian resident; and 
                     (b)  the care receiver is a family member of the person or is a person approved in writing by the Secretary for the purposes of this paragraph; and 
                     (c)  the care receiver has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 30, being a score calculated on the basis of a professional questionnaire score of at least 12; or
                   (cc) the person previously received carer allowance by virtue of compliance to requirements under section 953 for the care of the same care receivers, and the disability of the care receivers has been confirmed as a permanent condition; and
                     (d)  because of the disability from which the care receiver is suffering, the care receiver receives care and attention on a daily basis from the person, or the person together with another person, in a private home that is the residence of the person and the care receiver; and 
                      (f)  the person is an Australian resident; and 
                     (g)  the person satisfies the carer allowance income test under section 957A. 



2) – Introduce section 953B to mirror 954A


Current version                                                Suggested amendment, in italics

SOCIAL SECURITY ACT 1991 - SECT 953A
Remaining qualified for carer allowance up to 3 months after child turns 16, where child has non-permanent disability
        (1)  If: 
                (a)  a person is qualified for carer allowance under subsection 953(1) for a disabled child; and 
                (b)  the child turns 16; and 
                (c)  apart from the child turning 16, the person would remain qualified for carer allowance under that subsection for that child




then the person remains qualified for carer allowance under that subsection for that child until: 
                (d)  if the child is assessed and rated and given a score under the Adult Disability Assessment Tool before the end of the period of 3 months beginning on the day the child turned 16--the end of the day before the day the child is given that score; or 
               (e)  otherwise--the end of the period of 3 months beginning on the day the child turned 16.

Two children
        (2)  If: 
                (a)  a person is qualified for carer allowance under subsection 953(2) for 2 disabled children; and 
                (b)  on a particular day (the relevant day ), either or both of those children turn 16; and 
                (c)  apart from either or both of those children turning 16, the person would remain qualified for carer allowance under that subsection for those children






then the person remains qualified for carer allowance under that subsection for those children until: 
                (d)  if either or both of those children are assessed and rated and given a score under the Adult Disability Assessment Tool before the end of the period of 3 months beginning on the relevant day--the end of the day before the day the first such score is given to one of those children; or 
                (e)  otherwise--the end of the period of 3 months beginning on the relevant day. 

        (3)  Subsection (2) can apply only once in relation to the same 2 disabled children.


SOCIAL SECURITY ACT 1991 - SECT 953B
Remaining qualified for carer allowance after child turns 16 for care receivers of adult children with permanent disability
             (1)  If: 
                     (a)  a person is qualified for carer allowance under subsection 953(1) for a disabled child; and 
                     (b)  the child turns 16; and 
                     (c)  apart from the child turning 16, the person would remain qualified for carer allowance under that subsection for that childand
                     (d)  the disability of the child has been established as a permanent disability;

then the person remains qualified for carer allowance under that subsection for that child.


[original subsection (d) deleted]
[subsection (e) deleted]






Two children
        (2)  If: 
                (a)  a person is qualified for carer allowance under subsection 953(2) for 2 disabled children; and 
                (b)  on a particular day (the relevant day ), either or both of those children turn 16; and 
                (c)  apart from either or both of those children turning 16, the person would remain qualified for carer allowance under that subsection for those childrenand
              (d)  the disability of the children has been established as a permanent disability;
then the person remains qualified for carer allowance under subsection 954 for those children;

then the person remains qualified for carer allowance under that subsection for those children.
               


[original subsection (d) deleted
[subsection (e) deleted]





        (3)  Subsection (2) can apply only once in relation to the same 2 disabled children




Let’s see if the Minister takes this change upon himself…