Temporary Cessation of Care (respite) provisions for Carer Payment (CP) and Carer Allowance (CA) 009-06010010

For information about:

• the differences between TCC provisions for adults and children, see Temporary cessation of care (respite) and hospitalisation
• hospitalisation, see Hospitalisation provisions for Carer Payment (CP) and Carer Allowance (CA)

The rules for temporary cessation of care (respite) and portability may differ between CP and CA depending on the situation. The respite and portability rules must be considered together in each case.

Note: if the care receiver returns earlier or later from an absence the end date may be changed and a new return date must be recorded over the previous date. See Step 6 in Table 1 of Coding one-off absence for Carer Payment (CP)/Carer Allowance (CA) when the care receiver is absent.

TCC provisions allow carers to continue to receive CP and/or CA when they take a break from caring, for up to 63 days in each calendar year. These days may be used for any purpose including formal respite care such as community in-home or residential respite, or informal respite that is provided by a friend or family member. Services Australia has the discretion to extend the period of TCC in special circumstances. If a special reason exists, a carer can cease to provide the care receiver with constant care for more than 63 days in a calendar year, and still retain qualifications.

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.

This principle also applies when calculating absences for education, training and treatment for CA. However, this does not change the special rules around coding of TCC in conjunction with the 25 hour rule. The 25 hour provision cannot be extended by using a carer's TCC (respite) entitlement. For example, if a carer was absent from the caring situation for 6 hours per day due to work, they would reach 24 hours by Thursday, assuming the work was Monday to Friday. They could not then declare the Friday to be their TCC day, because this would mean they were absent in excess of 25 hours per week. See Carer Payment (CP) and Carer Allowance (CA) carer undertakes paid employment, self employment, voluntary work, education or training activities.

Even though both CP and CA allow up to 63 days TCC in a calendar year, where a carer is in receipt of both payments for the same care receiver the TCC provisions operate concurrently, not exclusively of each other. That is, the carer is entitled to 63 days of TCC in the calendar year, not 126 days. While the term often used is 'respite' absence, the absence does not have to be for 'approved respite care' as defined by the Department of Health and Aged Care and Ageing. TCC (respite) in this context is any time which allows the carer to have a break from caring and gives them the opportunity to have a holiday or participate in activities other than caring.

Generally, only whole day periods of 24 hours (from midnight to midnight) are counted as TCC days. This includes section 954A cases where any day on which the carer does not provide care in the 24 hours from midnight to midnight is an absence.

The Resources page contains an example of how to calculate these absences.

Short periods of care provided during the day or evening by another person, for example, a neighbour or other family member or by an organisation such as a day care centre, will not necessarily preclude eligibility for CP and/or CA even if this occurs on a regular basis. Where the carer provides a high level of care while on duty and needs to make alternative care arrangements in order to attend to their own personal needs, the care requirements would still be satisfied as long as the carer still has primary responsibility for providing care. Breaks from caring of this nature should not be confused with breaks from caring to participate in work or education or full day (24 hour) breaks for respite or other purposes.

TCC (respite and hospitalisation) rules do not apply to CP (XWP) - Carer Payment (CP) that is paid under grandfathering provisions for ceased Wife Pension carers. However, TCC (respite and hospitalisation) rules still apply to CA as normal.

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.

Constant care and the 25 hour rule do not apply to CP (XWP). Respite codes that only relate to CP should not be recorded for any TCC days for a carer receiving CP (XWP).

See Transfer from Wife Pension (WP) to Carer Payment (CP).

A carer may continue to receive CP and/or CA during the cessation of care, providing all the other conditions for payment are still met. The cessation of care must be temporary and can be for either a continuous period or a number of broken periods.

When a carer accesses respite provisions, it is assumed that an organisation or other person is providing care. However, this is not a legislative requirement.

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).

If the carer goes overseas temporarily and the care receiver stays in Australia, this is deemed a 'respite period' and allows the carer to have a break of up to 63 days in any calendar year, from their usual caring role without affecting their payment. However, this period would be subject to the maximum portability period for the payment.

If the care receiver goes overseas:

• without the carer, this is also deemed a 'respite period'. Portability provisions apply for the care receiver if they are in receipt of a payment. The relevant portability provisions will be those specifically relating to the type of payment the care receiver is paid
• with the carer, only portability provisions apply. However, any subsequent TCC while overseas, must also be coded as an absence as the carer's payment may be affected before the portability period expires

Carers who are granted CP or CA part way through a calendar year are entitled to the full 63 days TCC for each care receiver for that year. When calculating the number of TCC days a carer has used, only absences that have occurred since the date of grant are taken into account. Note: if CP and/or CA has been cancelled because the carer has used more than 63 days TCC, they may reapply for CP and/or CA when they resume caring.

The carer would only be entitled to further TCC days for the remainder of that calendar year if the delegate exercised discretion that 'special reasons' for the absence apply. If the carer does not provide care again in the same calendar year, their payment could be cancelled again but the carer is entitled to reapply each time they resume caring.

In cases where a carer has a change of care receiver(s) during the calendar year, they are entitled to the full 63 days of TCC. Old balances of TCC days for the previous care receiver should not be transferred to the new CP care receiver.

Note: due to current system limitations, when there is a change in care receiver(s), the system will not allocate 63 TCC days to the new care receiver. Instead, the previous care receiver's TCC balance is (incorrectly) transferred to the new care receiver. Therefore, these cases must be referred to Carers Level 2 Policy Help Desk via the Online Query Form. The Resources page contains a link to the Level 2 Service Desks - Online Query Form and examples of change in care effecting TCC balance.

If the care receiver is imprisoned, this could be considered a temporary absence and the carer's qualification for payment may continue. CP and/or CA will then auto cancel when the 63 day TCC limit is reached.

Where a CP (XWP) customer is in prison or in or in psychiatric confinement because they have been charged with an offence and their only or last payment level CA is stopped, CP (XWP) will auto-cancel.

Payment of CP and/or CA will not continue if the absence is due to the carer being in prison, or in psychiatric confinement because they have been charged with an offence. In this case, TCC days cannot be used, and the payment is suspended when the absence is for 13 weeks or less, and cancelled when the absence is for more than 13 weeks. 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 the TCC provisions cannot be used for this type of absence and therefore, daily care is not being provided.

This is not TCC and the Cancellation and Suspension workflow should be used to suspend if absence is less than 13 weeks or to cancel if absence is longer than 13 weeks.

Where a CP (XWP) carer is in prison or in psychiatric confinement because they have been charged with an offence and their only or last payment level CA is stopped, CP (XWP) will auto-cancel.

The hospitalisation provisions cannot apply if the carer is hospitalised.

If the carer is hospitalised and is expected to return to the caring duties once released, TCC may 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/CA cannot be extended for a special reason, CP/CA is to be cancelled.

If the carer is hospitalised and is not expected to return to their caring duties once released, CP/CA is to be cancelled from the first day they did not provide care. (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 the care receiver is continuing to receive adequate care and attention on a daily basis from someone else while their carer is in hospital. 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 hospital.

If a CP (XWP) carer is admitted to hospital and their only or last payment level CA is suspended or cancelled (for example due to exceeding 63 days respite or the carer is not expected to return to their caring duties), CP (XWP) will auto-cancel.

Where 2 or more disabled children collectively qualify a carer for a single rate of CP, only 1 allocation of 63 days is given to the carer. For guidance, see Carer Payment (CP) (child) when caring for 2 to 4 children each with a disability or medical condition (combined care).

For new claims where a care receiver is in respite (not hospital) at the time a carer lodges a claim for CP and or CA, see Complications to Grants of Carer Payment and/or Carer Allowance.

For CA, where 2 carers each receive a percentage of CA in a shared care situation, each carer is entitled to access the 63 days allocation of TCC for the care receiver. An absence only occurs when neither carer provides any care in the midnight to midnight 24 hour period. For example, when there is no arrangement to swap or change caring days and the care receiver is in the home of a third carer. In these cases, TCC should be recorded against the carer who would normally provide care. Recording or updating an absence on one carer will automatically record or update the record of the other carer, provided the other carer currently receives a part rate of CA for the same care receiver.

Where the carer and care receiver are partnered, they may be considered to be members of a respite care couple if:

• 1 of the members has entered approved respite care see Legislation in the References page, and
• the member who has entered the approved respite care has remained, or is likely to remain, in that care for at least 14 consecutive days

A respite care couple are entitled to be paid at the single rate of CP until the period of respite ends.

Services Australia has the discretion to extend the period of TCC in special circumstances. If a special reason exists, a carer can cease to provide the care receiver with constant care for more than 63 days in a calendar year, and still retain qualification.

What constitutes a special reason cannot be defined, and decision-makers must therefore exercise discretion. Generally, such reasons would be things that are outside the carer's control and would be consistent with their role as a carer. The care situation would be expected to resume after a definite period. There would be no special reason associated with the imprisonment of a care receiver, as the duration of the prison term would be known up front.

When a CA (manual) care receiver is absent from the care situation to undertake education, training or treatment, the carer may remain current at 'nil rate' and still remain eligible for their concession card for up to 13 weeks from the time their 63 day respite absence limit is reached, provided the CA child is expected to return to care within the 13 week period. See Carer Allowance (CA) child care receiver undertakes education, training or treatment and Temporary cessation of care (respite) for more than 63 days.