Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006 (82 of 2006)

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

Social Security Act 1991

2   After subsection 197(2)

Insert:

(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.