Social Security and Family Assistance Legislation Amendment (2009 Budget Measures) Act 2009 (35 of 2009)

Schedule 1   Carer supplement

Part 1   Main amendments

Social Security Act 1991

2   After Part 2.19A

Insert:

Part 2.19B - Carer supplement

992X Carer supplement for 2009 and later years

Qualifying for carer supplement

(1) A person (the qualified person ) is qualified for carer supplement for a year if the person was or is paid an instalment (the qualifying instalment ) of carer allowance, carer payment or carer service pension in respect of a period that includes:

(a) 12 May in the year if the year is 2009; or

(b) 1 July in the year if the year is a later year.

Note: There may be more than one qualifying instalment for carer supplement for a year. For example, if a person is paid both an instalment of carer allowance and an instalment of carer payment in respect of a period including 1 July 2010, both instalments are qualifying instalments for carer supplement for 2010 for the person.

Amount of carer supplement

(2) The amount of carer supplement for the qualified person for the year is the total worked out in accordance with the table (taking account of every relevant item of the table):

Amount of carer supplement

Item

If:

Include this amount in the total:

1

The qualifying instalment is of carer allowance

The amount worked out under subsection (3) for each eligible care receiver (see subsections (4) and (5))

2

The qualifying instalment is of carer payment

$600

3

The qualifying instalment is of carer service pension

$600

4

Both of the following apply:

(a) the qualifying instalment is of carer allowance;

(b) the qualified person was or is also paid an instalment of wife pension in respect of a period that includes the day described in subsection (1) for the year

$600

5

Both of the following apply:

(a) the qualifying instalment is of carer allowance;

(b) the qualified person was or is also paid an instalment of partner service pension under the Veterans' Entitlements Act in respect of a period that includes the day described in subsection (1) for the year

$600

Amount for eligible care receiver

(3) The amount for an eligible care receiver is:

(a) $600; or

(b) if the rate at which the qualifying instalment was paid takes account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to the eligible care receiver - that share of $600.

Example 1: Assume that:

(a) the qualified person qualifies for carer supplement for 2010 because he or she is paid a qualifying instalment of carer allowance relating to 3 eligible care receivers; and

(b) the rate of the qualifying instalment takes account of a determination under subsection 981(1) of a half share in relation to one of those eligible care receivers; and

(c) the qualified person is also paid an instalment of partner service pension for a period including 1 July 2010.

The amount of carer supplement for the qualified person for 2010 is $2,100, made up of $600 each for 2 of the eligible care receivers, $300 (which is half of $600) for the eligible care receiver to whom the half-share determination relates and $600 relating to the partner service pension.

Example 2: Assume that the qualified person qualifies for carer supplement for 2011 because he or she is paid a qualifying instalment of carer allowance relating to one eligible care receiver and also because the qualifying person is paid a qualifying instalment of carer payment.

The amount of carer supplement for the qualified person for 2011 is $1,200, made up of $600 relating to carer allowance relating to the eligible care receiver and $600 relating to carer payment.

Definition of eligible care receiver

(4) Each person to whose care a qualifying instalment of carer allowance relates is an eligible care receiver in relation to the qualified person.

(5) However, if subsection 953(2) applies in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.

Definition of carer service pension

(6) In this section:

carer service pension means carer service pension that is payable because of subclause 8(2) or (4) of Schedule 5 to the Veterans' Entitlements Act.