3.6.7.190 Continuation, Variation or Termination of CA

Summary

This topic explains a range of circumstances in which CA is varied, cancelled or suspended.

Act reference: SS(Admin)Act section 123 Continuing effect of determinations

Variation or cancellation

The following is a list of the circumstances in which payment of CA may be changed or stopped:

• if the carer (1.1.C.40) ceases:
  • providing care and attention on a daily basis or for at least 20 hours per week on a daily basis if they do not live with the care receiver, OR
  • to be qualified during an overseas trip, OR
• if the care receiver (1.1.C.20):
  • is temporarily admitted to an institution for a period longer than allowed under the temporary cessation of care provisions, OR
  • is permanently admitted to an institution, OR
  • no longer requires care and attention on a daily basis because of a disability, OR
  • dies.

Care receiver assessment current (8.2.2)

There is no need to reassess the care receiver if they have a current ADAT/recognised disability/DCLA and a previous carer recommences care, OR a new carer applies for CA for them.

Suspension of CA

Suspension can be used when there is a:

• need to investigate the recipient's ongoing qualification, OR
• temporary and short term interruption to qualification.

Examples: The following situations are examples of when suspension should be applied:

• when further information is required from the recipient, and there is reason to believe they no longer qualify,
• when the recipient does not reply to a request for information and appropriate follow-up action to establish their whereabouts has been taken and failed.

Recommencing payment after suspension

When the reason for suspension no longer exists, payment of CA or use of the HCC (for a HCC only CA child) is recommenced, without the need for a new CA claim. In cases where the suspension exceeds 3 months, payment of full arrears is NOT permitted EXCEPT if the recipient was not notified of the suspension.

Act reference: SS(Admin)Act section 85 Resumption of payment after cancellation or suspension, section 109 Date of effect of favourable determination resulting from review

Cessation of care & retrospective loss

When a care recipient no longer receives care and attention on a daily basis because of a disability or medical condition, CA should be cancelled. Loss of qualification for CA on the basis that care and attention ceased to be provided for the disability or medical condition can occur retrospectively. These cases will be rare and exceptional, and only happen if the exact date can be established without dispute.

Example: Peter has a condition that seriously restricts his movement. His sister, Sue, receives CA (adult) for providing care. He undergoes new treatment and an extended period of rehabilitation. After some months, Peter's condition has improved dramatically. He regains his independence and is able to take care of his own needs. As a result of his successful rehabilitation, Peter no longer qualifies Sue for CA. Sue should notify Centrelink of the change of circumstances. Her payments must be cancelled from the date that care was no longer needed.

Carer temporarily goes overseas with care receiver (7.1.2.20)

CA is portable for temporary overseas absences of up to 13 weeks. If the overseas absence becomes permanent the carer loses eligibility for CA and their payments should be cancelled.

Carer temporarily goes overseas without the care receiver (3.6.4.40)

CA continues to be payable if the carer is using temporary cessation of care provisions. If the absence exceeds the temporary cessation of care provisions the carer loses eligibility for CA.

Temporary admission to an institution

A carer is entitled to use the temporary cessation of care provisions (3.6.7.50) when their care receiver is temporarily admitted to an institution. Once the maximum of 63 days per calendar year has been used CA should be cancelled (unless an extension is granted for a special reason) and cannot be reinstated unless the care receiver returns to the carer's care and the carer re-applies for CA.

Temporary admission to an institution that becomes permanent

A carer is entitled to use the temporary cessation of care provisions when their carer receiver is temporarily admitted to an institution. If the admission becomes permanent, the carer loses eligibility for CA from the day of permanent admission.

Permanent admission to an institution

The carer loses eligibility for CA starting from the first day the carer did not provide care and attention. In most cases, it will be the day the person enters the institution.

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Last reviewed: 3 January 2012