Carer Payment (CP) carer is absent 009-06030020

Carers can participate in paid employment, self-employment, voluntary work, education or training activities and still qualify for CP as long as the total time the carer is not providing constant care (including travel time) does not exceed 25 hours per week. Carers may participate in more than 1 activity.

CP and Carer Allowance (CA) carers have up to 63 days per calendar year where they can be temporarily absent from the caring situation but still qualify for payment. This is called a 'respite' absence. Carers caring for an adult aged 16 years or over are also allowed 63 days when the care receiver is receiving care in hospital and the carer is participating in that care. This is called a 'hospitalisation' absence. This means a carer has 2 allocations of 63 days during which they do not have to provide constant care or daily care and attention at home, but during which they may still qualify for CP or CA.

The hospitalisation provisions only apply when the care receiver is in hospital. For a child care receiver, there is no limit for hospitalisation, however the 63 day TCC limit still applies and all absences must be recorded on the carer's record.

Note: when a care receiver remains in hospital for longer than 63 days in 1 calendar year, a carer may use the balance of their 63 day temporary cessation of care entitlement to remain eligible for CP. The balance of 63 hospitalisation days per calendar year does not apply if the carer is hospitalised. If the carer is temporarily admitted to hospital, then the temporary cessation of care provisions only may apply.

If the carer is paid under the short term care or episodic care provisions, the respite limit will be a pro-rata amount, based on the period for which CP (child) is being granted.

If the carer is temporarily admitted to an institution or hospitalised and is expected to return to the caring duties once released, respite care is to be utilised, as the carer is temporarily not providing care to the care receiver. However, if the balance of respite days exceeds 63 days, and CP cannot be extended for a special reason, CP is to be cancelled.

If the carer is permanently admitted to an institution or hospitalised and is not expected to return to their caring duties once released, CP is to be cancelled from the first day they did not provide care. In most cases it will be the day after they entered the institution or hospital. (An 'indefinite' stay in hospital may also qualify the carer and care receiver for payment under the separated due to ill health rules if they are also partners).

Note: a social worker referral may be necessary to ensure that the care receiver is continuing to receive adequate care and attention on a daily basis from another carer. The social worker can also provide information to assist Service Officers to determine whether the carer has the physical and/or emotional capacity to deal with the care receiver's care needs when they are discharged from the hospital or institution.

What is relevant about the absence is that it must be temporary and the carer must be likely to resume providing care at the end of the absence. CP can be automatically or manually cancelled when a carer is no longer entitled because of changes in their circumstances. Where a person (carer, care receiver, nominee or third party) advises the agency of a change in circumstances which may result in cancellation of CP, see Cancellation and suspension of Carer Payment (CP) and/or Carer Allowance (CA).

Note: refer cases where it is difficult to determine if the absence is temporary to the Level 2 Policy Helpdesk. For example, cases involving Family and Domestic Violence. See Tier 2 technical support - Service Support Officer (SSO) escalation.

For respite and hospitalisation purposes, a 'day' must include an overnight stay - that is, a whole 24 hour period from 12 am to 12 am (midnight to midnight). Part days do not count in the calculation of absences for CP or CA. An example of how this is calculated can be found in the Resources page.

This principle also applies when calculating absences for education, training and treatment.

Note: this does not change the special rules around coding of respite in conjunction with the '25 hour rule' - the 25 hour provision cannot be extended by using a carer's TCC (respite) entitlement.

Short periods of care (of less than 24 hours) provided during the day or evening by another person or an organisation do not count as temporary cessation of care, even if this occurs regularly.

For absences that are not for a full 24 hour period, midnight to midnight, Service Officers should ensure the carer still qualifies for payment under the '25 hour rule'. See Carer Payment (CP) and Carer Allowance (CA) carer undertakes paid employment, self-employment, voluntary work, education or training activities.

If the care receiver is the partner of the carer and the expected length of absence will be greater than 14 nights, the couple may be entitled to an illness separated rate. This is because the carer and care receiver (who are partners) will be separated due to illness.

A carer may undertake study by either attending a University, TAFE, or college on a daily basis, or for a residentially based live in course. If the carer is undertaking a (residentially based) live in course then the 25 Hour rule provisions will apply for any periods the carer is absent from the carer receiver. For instance, the carer undertakes a short (residentially based) live in course where they are absent from the care receiver from Friday evening till Sunday evening. In this situation Temporary Cessation of Care (TCC) (respite) is assessed for 7 days of the week, even though the activity may have only been for 3 days of that week.

If the carer is studying at home their entitlement to Carer Payment (CP) will not be affected.

Note: The 25 hour rule does not apply to carers getting CP (XWP). TCC applies to their CA as normal.

Even if the absence from the care situation (for employment and/or study) is 25 hours or less per week, record the hours on the Carer Payment Activity Details (CPAD) screen. This will allow the carer's entitlement to CP to be correctly assessed if they are also employed part time. See Carer Payment (CP) and Carer Allowance (CA) carer undertakes paid employment, self-employment, voluntary work, education or training activities.

If a carer already in receipt of CP has commenced an activity or a combination of activities which always exceed 25 hours per week and the duration of the activities is expected to exceed 63 days, cancel CP by applying the 25 hour rule. If the carer already in receipt of CP has commenced an activity or combination of activities which temporarily exceed 25 hours per week, then the carer has the choice of accessing their Temporary Cessation of Care (TCC) days instead of CP being cancelled by applying the 25 hour rule.

Only staff undertaking Compliance intervention processes and F2F Incarcerated Customer Servicing team can suspend CP and/or CA if the carer enters prison or psychiatric confinement.

If the carer is in prison, or in psychiatric confinement in connection with an offence, payment of CP will not continue.

When the carer enters prison or psychiatric confinement, CP is suspended. If the carer is still in prison or psychiatric confinement after 13 weeks, CP is then cancelled.

Respite days cannot be used if the carer is in prison, or in psychiatric confinement because they have been charged with an offence.

If a carer is in periodic detention or weekend detention for a whole 24 hour period from 'midnight to midnight', they lose qualification for CP and/or CA as respite cannot be used for this absence and constant daily care and attention is not being provided.

Temporary Cessation of Care rules, constant care and the 25 hour rule do not apply to CP (XWP) - Carer Payment (CP) that is paid under grandfathering provisions for ceased Wife Pension carers. CP (XWP) is still subject to carer payability rules such as the pensions income and asset tests, portability, and carer in prison or psychiatric confinement provisions. The illness separated rate is available for CP (XWP).

However, Temporary Cessation of Care (TCC) rules continue to apply to CA as normal. If a carer is permanently admitted to an institution and is not expected to return to their caring role, cancel CA. When a CP (XWP) carer’s only or last payment level CA is suspended or cancelled for any reason or changed to CA HCC only, CP (XWP) will be auto-cancelled. A carer loses their qualification for CP (XWP) permanently if payment level CA is not reinstated without a gap in entitlement.