Carer Allowance (CA) (adult) when caring in a private home not shared by the carer and care receiver 009-03020040

It may not always be possible or appropriate for the carer to live with their care receiver, but the carer still provides a significant level of care which may allow the care receiver to continue to live in their own home. It is also recognised that people have different living arrangements and should be allowed the flexibility to choose the arrangements that best suit their particular circumstances while still qualifying for CA.

There are some requirements for carers claiming under the 'living apart' rules that do not apply to other eligibility for Carer Allowance (CA) for an adult care receiver:

• the carer must be providing at least 20 hours of personal care per week
• the care and attention provided must address special care needs that the care receiver is assessed as having under the Adult Disability Assessment Tool (ADAT)
• the carer cannot be receiving wages at or above the relevant minimum wage to provide the care
• the care must be provided in the private home of either the carer or care receiver

Provisions which are common to CA qualifications under both Sections 954 (CA adult) and 954A (CA adult ‘living apart’) of the Social Security Act are:

• the care receiver must receive a rating of at least 30 on the ADAT, including a Treating Health Professional (THP) Component of at least 12
• both carer and care receiver must be Australian residents
• the care receiver must be a family member of the carer, or a person approved in writing by the Secretary. See Legislation on the References page
• unless temporary cessation of care provisions (TCC) can be applied, the care and attention must be received on a daily basis, that is, 7 days per week
• the carer may qualify for 2 payments of CA if they care for 2, but no more than 2, adult care receivers. Note: it does not matter which section of the Act these CA payments are made under. That is, it is possible for the carer to be paid 1 payment of CA under section 954 and 1 under 954A)
• TCC provisions apply. Under Section 954A, if a carer ceases to provide care for a whole day (midnight to midnight) it is considered as temporary cessation of care
• for shared care, absences are only counted where neither carer is providing care
• hospitalisation provisions apply if it is reasonable to expect that upon release, the care receiver is expected to return to the care of the carer at the appropriate residence
• the review regime that applies to CA (adult) remains the same

A care receiver aged 16 years or over may be eligible for an income support payment. Direct care receivers to the Services Australia website to explore payment options available.

Note: if a carer is qualified for CA (adult), the adult care receiver cannot then qualify to receive CA for caring for another adult. However, an adult care receiver may also qualify to receive CA (child) for a dependent child or children with disabilities in their care.

CA may be shared by 2 people who care for the same care receiver(s), provided the 2 carers are not members of a couple. The 2 sections of the Social Security Act under which people sharing the care of an adult care receiver may be paid are s954 (CA adult) and s954A (CA adult ‘living apart’).

A carer who qualifies for CA under s954 can only share CA with another carer under s954. Similarly, a carer getting CA under s954A can only share CA with another carer under s954A. However, a carer cannot be paid under section 954A if someone is already being paid or has lodged a claim and been determined qualified in respect of that care receiver under section 954. For detailed information about 2 carers for CA, see Shared care for Carer Allowance (CA).

Two carers may share one payment of CA under section 954A provided that together they are providing the 20 hours of personal care per week and this care is being provided on a daily basis.

If 2 carers who receive a shared care rate of CA for the same care receiver advise that they have become partnered, CA can no longer be paid to both partners. See Shared care for Carer Allowance (CA).

A situation may arise where a carer ceases to qualify for CA when they move out of the care receiver's home (or are already a non-co-resident carer under section 954A), and a qualified co-resident carer claims CA under section 954. The first carer would no longer be qualified under either section 954 or section 954A, as someone else qualifies under section 954. If the first carer is still providing daily care, however, no longer qualifies for CA, take care to cancel their CA.

If:

• another non-co-resident carer provides care on the other days; the carer is qualified for CA and there is no TCC. The shared care provisions may apply
• a co-resident carer provides care on the other days and the co-resident has not claimed CA, the carer is not qualified for CA unless the cessation of care does not exceed 1 day per week. If qualified for CA, the TCC provisions apply
• no care received on the other days; the carer is not qualified for CA unless the cessation of care does not exceed 1 day per week. If qualified for CA, the TCC provisions apply

See Assessing daily care provided by one or more carers table for examples of daily care provisions, including where there are multiple carers claiming/receiving CA shared care.

There are no legislative age limits applicable to carers, claims from carers under 18 years of age, or 80 years of age or older, require a referral to a social worker. It is necessary to make sure that the carer can and does, provide the care receiver with the care and attention on a daily basis that is required. A very young or elderly carer may have difficulty accessing support services and resources. A social worker can provide assistance in this regard.

A person may qualify for CA even if they are using the services of a commercial carer to assist with care.

Commercial carers do not qualify for CA. Additionally, the care provided by a commercial carer cannot be used towards qualifying another person for CA.

Depending on the care arrangements in the supported accommodation, it is possible the supported accommodation meets the definition of a private home.

It is also possible for daily care to be provided in the home of the carer.

If either scenario applies, the carer could qualify for CA under the non-co-resident provisions.