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
(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 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.
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
(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.
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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
(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.
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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:
(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.
(2) If:
(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.
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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:
(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; and
(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]
(2) If:
(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; and
(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]
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Let’s see if the Minister takes this change upon himself…