Continuation of respite after the expiry of hospitalisation 009-06010030

The carer or care receiver must be absent overnight for a 24 hour period from midnight to midnight for the absence to count as a 'day'. For Carer Allowance (CA) (adult) cases granted under Section 954A where the carer is only required to provide 20 hours per week of personal daily care and attention, any day in which no care is provided is an absence. When care is shared, an absence generally occurs when a carer does not provide care on their usual caring day/s (unless arrangement is made with the other carer to swap caring days).

A carer may claim or continue to qualify for Carer Payment (CP) and/or Carer Allowance (CA) if they temporarily cease providing care in the home to an adult care receiver for up to 63 days per calendar year when the care receiver is in hospital and the carer is participating in their care or treatment. This is known as the 'hospitalisation provision'. The hospitalisation provision can be used to claim or continue to receive payments without drawing on the respite days if:

• the carer is participating in the care of the care receiver, and
• the care receiver is expected to return to the care of the carer. This would be in the private home of:
• the carer and care receiver for CA under section 954
• the carer(s) or care receiver for CA under section 954A
• the carer(s) or care receiver for CP, and
• it is reasonable to assume that, had the care receiver not been hospitalised, one or more people would qualify for CP and/or CA in respect of the care receiver, or
• the carer is actively participating in the care of a care receiver who is terminally ill in hospital and who is not expected to live more than three months

Unlike other temporary absences (respite), hospitalisation for an adult care receiver cannot be extended past the 63 allowable days per calendar year. However, if the adult care receiver remains hospitalised for more than 63 days, any allowable respite days remaining for that calendar year may then be used to allow the carer to remain qualified for payment.

Note: if a carer’s Carer Payment (CP) or Carer Allowance (CA) has been cancelled due to hospitalisation and/or respite absences and they reclaim (all within the same year), once the care receiver returns home, there are no hospitalisation days or respite days available till the next calendar year.

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

This means CP (XWP) carers who are not providing additional care and attention each day can continue to be paid CA by using their hospitalisation days as normal. However, if the 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 automatically cancelled. A carer will lose qualification for CP (XWP) permanently if payment level CA is not reinstated without a gap in entitlement.

Respite codes that only relate to CP should not be recorded for any TCC days for a carer receiving CP (XWP)

For more information, see Transfer from Wife Pension (WP) to Carer Payment (CP)

If the carer is in receipt of Carer Payment (CP) (child) and/or Carer Allowance (CA) (child), there is no limit on hospitalisation days for the child care receiver, however the 63 day respite limit still applies, and all absences must be coded. If they are paid under the short term care or episodic care provisions, their respite limit will be a pro-rata amount, based on the period for which CP (child) is being granted.

If separated or divorced parents are paid CP (child) under the exchanged care provisions, either parent will only use their respite days if they temporarily cease to provide care when the child is meant to be in their care (provided they aren't making use of the hospitalisation provision or 25 hour rule).

If the carer is paid CP (child) under the combined care provisions, the current 63 day respite entitlement will still apply, however the entitlement will not apply individually for each qualifying child, but overall to the carer. Respite will be counted regardless of whether the carer stops caring for one child or all children.

The usual Carer Payment (CP) (adult) and Carer Allowance (CA) (adult) hospitalisation and temporary cessation of care rules apply to the adult care receiver and, therefore, to the carer who is in receipt of CP (child) under multiple care provisions if the disabled adult enters hospital or respite care.