Social Security Legislation Amendment (Improved Support for Carers) Act 2009 (Cth)

Social Security Legislation Amendment (Improved Support for Carers) Act 2009

No. 44, 2009

An Act to amend the Social Security Act 1991, and for related purposes

Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendment of the Social Security Act 1991 Schedule 2—Amendment of the Social Security (Administration) Act 1999

Social Security Legislation Amendment (Improved Support for Carers) Act 2009 No. 44, 2009

An Act to amend the Social Security Act 1991, and for related purposes

[Assented to 23 June 2009]

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Social Security Legislation Amendment (Improved Support for Carers) Act 2009.

2 Commencement This Act commences on 1 July 2009.

3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Social Security Act 1991

1 Subsection 23(1) (paragraph (a) of the definition of family law order) Omit "within the meaning of section 64B of the Family Law Act 1975".

2 Subsection 23(1) Insert: parenting order has the meaning given by section 64B of the Family Law Act 1975.

3 At the end of Part 1.3 Add:

38E Disability Care Load Assessment (Child) Determination (1) The Secretary may, by legislative instrument (the Disability Care Load Assessment (Child) Determination): (a) devise a test for assessing the functional ability, behaviour and special care needs of a person aged under 16 (the child), that includes an assessment that must be completed only by a treating health professional; and (b) provide a method for rating the care needs of the child; and (c) provide a method for giving a qualifying rating to a person (the carer) who is caring for the child that takes into account: (i) the care provided for the child by the carer; and (ii) the assessment completed by the treating health professional. (2) If a carer who is caring for a child also cares for one or more other persons (whether or not aged under 16), the Disability Care Load Assessment (Child) Determination may provide a method for giving a qualifying rating to the carer that takes into account: (a) both: (i) the care provided for the child by the carer; and (ii) the assessment completed by the treating health professional; and (b) the care provided by the carer for each other person.