Carer Payment (CP) carer is absent 009-06030020
This document outlines information about the effect on Carer Payment (CP) when the carer is temporarily absent from the caring situation. It includes information specific to CP (XWP).
Carer is absent
Carers can participate in paid work, including self-employment still qualify for CP as long as the total time the carer is not providing constant care does not exceed 100 hours in a 4 week period.
Temporary Cessation of Care (TCC)
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 a calendar year, the carer may use the balance of their 63 day respite 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 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.
Carer admitted to hospital or institution
If the carer is temporarily admitted to an institution or hospitalised and is expected to return to the caring duties once released, respite days can be utilised, if available. This is because 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 discharged, 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 make sure 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 help Service Officers determine if 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.
Absence must be temporary
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 suspended or 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.
Definition of a 'day' of absence
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 carers using respite days if they work more than 100 hours in a 4 week period. See Carer Payment (CP) and Carer Allowance (CA) carer undertakes paid employment, self-employment, voluntary work, education or training activities.
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.
Care receiver is partner of carer
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 the single rate of payment. This is because the carer and care receiver (who are partners) will be considered to be a respite care couple. See Customer is separated from their partner – temporarily or due to respite care.
Carer in prison or psychiatric confinement
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.
Wife Pension transferred to Carer Payment (CP) (XWP)
Temporary Cessation of Care rules, constant care and the 100 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 single rate of payment is available for CP (XWP) if they are assessed as a member of respite care couple.
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.
The Resources page contains an example of how to calculate the start and end dates for coding of respite or hospitalisation days for CP and CA.
Related links
Temporary Cessation of Care (respite) provisions for Carer Payment (CP) and Carer Allowance (CA)
Assessment of circumstances for a couple separated due to illness
Admissions process for customers entering prison or psychiatric confinement