3.6.4.15 CP (child) - Conditions Related to Qualifying as a Child with a Profound Disability

Summary

This topic provides more detail about care receivers aged under 16 years who meet the definition of a child with a profound disability (1.1.C.146).

Note: This definition relates to carers who qualified for CP (child) under the pre 1 July 2009 qualification provisions and:

• were receiving a CP immediately before 1 July 2009 and continue to be qualified from 1 July 2009 because of a saving provision, OR
• whose CP was cancelled on or after 1 July 2008 and before 1 July 2010, and who are eligible to claim and qualify under the pre 1 July 2009 qualification provisions if they claim before 1 July 2010.

Act reference: SSAct Schedule 1A clause 140 Person whose carer payment was cancelled on or after 1 July 2008 and before 1 July 2010, Schedule 1A clause 141 Saving-profoundly disabled child and disabled child

SSAct pre-1 July 2009 section 198 Qualification for carer payment

Policy reference: SS Guide 1.1.G.55 Grandfathering arrangements (CP (child)), 3.6.4.10 Qualification for CP

Two part definition

There are 2 alternate parts to the definition of a child with a profound disability.

A carer may qualify for CP if they provide care to a child aged under 16 years:

• who obtains at least 3 ticks against a possible 7 criteria required because of their disability or medical condition, or 2 children whose combined care needs are equivalent to that of a child with a profound disability (who between them receive 3 ticks), OR
• who is aged 6 years or older and obtains at least one tick from 3 possible criteria of behaviours that result from severe intellectual, psychiatric or behavioural disabilities or medical conditions, AND
• the carer is unable to undertake paid work because of the child's need for care and/or supervision.

Introduction of extended definition

The definition of a child with a profound disability was extended to include children aged 6 years or older but still under 16 years of age with severe intellectual, psychiatric or behavioural disabilities or medical conditions on 1 July 2006.

Note: In order to qualify for CP (child) under the extended definition it is also necessary that a medical professional certify that the carer(s) is(are) unable to engage in paid work because of the child's need for care and/or supervision.

A carer may qualify for CP (child) for providing care to 2 or more disabled children who require a level of care that is at least equivalent to the level of care required by a child with a profound disability only if:

• each child has a severe disability (1.1.S.133) OR severe medical condition (1.1.S.130), AND
• each child needs continuous personal care (1.1.C.340) for AT LEAST 6 months unless one of the children has a terminal condition, AND
• between the children, AT LEAST 3 of the 7 possible criteria regarding physical care, noting that if both or all children require personal care on 2 or more occasions between 10pm and 6am each day, OR if the children are under 6 months old, are expected to need personal care on 2 or more occasions between 10pm and 6am each day at the age of 6 months, this may only be counted as one tick.

The care needs of 2 children cannot be combined to satisfy the criteria for the severe intellectual, psychiatric and behaviour disabilities and conditions.

Example: If a 6 year old with autism SOMETIMES throws his asthma medications away at school this may be a risk to his life but if it is managed through the school being aware of the problem and notifying the parent, it is not a significant risk to his life on its own, especially if it doesn't occur daily. If the child has a 10 year old brother with ADHD, who is SOMETIMES suspended from school for aggressive behaviour, their needs cannot be combined to equate to a child who either:

• 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,
• 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 program, activities, services or facilities.

Sharing of care responsibilities

If more than one person provides care, then details of the amount and frequency of this other care must be provided, to determine whether each person personally provides constant care.

Example: A couple who have a 7 year old child with a severe intellectual disability share care for the child. The child attends special school on weekdays when well. One parent provides care overnight and is on call during school hours. However, if the child has to be taken home from the special school because of extreme behaviour, or becomes ill, as frequently happens, the other parent provides this care. Neither parent qualifies for CP as neither meets the constant care requirement.

If the same child is no longer able to attend the special school because their behaviour becomes too aggressive and destructive every day and one parent has to stay home all day to prevent the child harming themself or others and damaging property, it is likely that the parent will qualify for CP.

If, as the child gets older, one parent is unable to manage the child's behaviour on their own because of the child's size, the other parent may also have to become a full-time carer. In this case both parents may qualify for CP.

Policy reference: SS Guide 1.1.C.310 Constant care (CP)

Claims from more than one carer - child with a profound disability

If the care receiver is a CHILD WITH A PROFOUND DISABILITY, the level of care required may mean that there is more than one carer. In these situations it would generally be accepted that continuous care is being provided.

However, compliance with this requirement should be carefully assessed for carers of children over 6 years of age who qualify under the severe intellectual, psychiatric or behavioural disability criteria. A social worker home visit may be necessary to ascertain whether the constant care requirement is met.

Explanation: A child that meets the definition of a child with a profound disability requires a very high level of care to maintain comfort, sustain life and attend to bodily functions that the child cannot manage by him or herself. A child who qualifies their carer under the severe intellectual, psychiatric or behavioural disability criteria may not necessarily require constant care from 2 or more carers.

Act reference: SSAct section 197(2) A child is a profoundly disabled child if..., section 197(2A) A child is a profoundly disabled child if...

Policy reference: SS Guide 3.6.4.10 Qualification for CP

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Last reviewed: 1 February 2010