EXPLANATORY STATEMENT
Child Disability Assessment Amendment Determination 2003
Summary
This determination is made under section 38D of the Social Security Act 1991 (the Social Security Act).
The purpose of the determination is to amend the Child Disability Assessment Determination 2001 (the 2001 Determination) to enable six disabilities to be added to, or modified on, the List of Recognised Disabilities in Schedule 3 of the 2001 Determination that provides automatic satisfaction of this requirement for qualification to carer allowance payable under the Social Security Act.
Background
Recent reviews of young people since 1 July 2003 have provided data on tens of thousands of young people who because of a disability have been able to qualify their care receiver for carer allowance. On the basis of this data the Government seeks to further support the carers of young people with disabilities.
Explanation of the provisions
Section 1 of the determination states the name of the determination and section 2 states that the determination commenced on 1 July 2003. The retrospective commencement will allow any care receiver who has had their carer allowance in respect of a young person cancelled or suspended during the review process where the young person suffers from one of the new or modified disabilities specified in the determination to have their carer allowance resumed and backdated where the cancellation or suspension occurred on the basis of the young person not satisfying paragraph 953(1)(c) of the Social Security Act.
Section 3 specifies that Schedule 1 of the determination amends the 2001 Determination.
Item 1 of Schedule 1 of the determination substitutes the current genetic or chromosomal disorders of Down syndrome (where the young person is under 6 years old) and Fragile X in boys (where the young person is under 6 years old) and replaces these with Down syndrome (where the young person is under 16 years old) and Fragile X syndrome (where the young person is under 16 years old), respectively.
Item 2 of Schedule 1 of the determination adds Cystic Fibrosis and Phenylketonuria to the list of genetic or chromosomal disorders.
Item 3 of Schedule 1 of the determination adds Epilepsy that is uncontrolled while on medication to the list of disabilities.
Item 4 of Schedule 1 of the determination substitutes the current chronic medical condition of Haemophilia with Factor VIII deficiency (less than 1%) and replaces it with Haemophilia with Factor VIII or Factor IX deficiency (less than 10%).
Overview
The Child Disability Assessment Amendment Determination 2003 was enacted to amend the Child Disability Assessment Determination 2001, providing further support to carers of young people with disabilities by adding or modifying disabilities that automatically satisfy the qualification requirement for carer allowance under the Social Security Act 1991. This determination was introduced by the Australian Government and commenced on 1 July 2003, aiming to address the gap in the existing list of recognised disabilities for carer allowance eligibility. It ensures that carers whose allowance was cancelled or suspended during the review process can have their carer allowance resumed and backdated if the cancellation or suspension was due to the young person not satisfying the disability criteria. The determination also broadens the age range for certain disabilities and introduces new conditions to the list of recognised disabilities.
Scope and Application
The Child Disability Assessment Amendment Determination 2003 applies to individuals who are care receivers and their dependents, specifically those who are eligible for carer allowance under the Social Security Act 1991. This amendment determination is made to update the Child Disability Assessment Determination 2001 by adding or modifying certain disabilities that qualify for automatic satisfaction of the requirement for carer allowance. The amendment is intended to assist carers of young people with disabilities, providing them with the necessary support and benefits. The determination has a Commonwealth reach, as it is made under the Social Security Act, which is a federal law. The determination commenced on 1 July 2003, allowing for retrospective application to those care receivers who had their allowance cancelled or suspended due to the young person not satisfying the disability requirement. The determination specifies six disabilities that are added or modified on the List of Recognised Disabilities in Schedule 3 of the 2001 Determination, which includes Down syndrome, Fragile X syndrome, Cystic Fibrosis, Phenylketonuria, Epilepsy, and Haemophilia with Factor VIII or Factor IX deficiency.
Key Provisions
The Child Disability Assessment Amendment Determination 2003 (the Determination) introduces amendments to the Child Disability Assessment Determination 2001, primarily to update and expand the List of Recognised Disabilities in Schedule 3, which determines automatic eligibility for carer allowance under the Social Security Act 1991 (the Social Security Act). Section 1 of the Determination names the instrument, and section 2 provides that it commenced on 1 July 2003, with retrospective effect to allow for the reinstatement of carer allowances for affected cases (s 2). The primary amendments are outlined in Schedule 1, which modifies and expands the list of recognised disabilities.
Under the Determination, the list of recognised disabilities is updated to include new and modified conditions. For example, Down syndrome is now recognised for individuals under 16 years old, instead of just those under 6 (Schedule 1, item 1). Fragile X syndrome, applicable to boys under 16, is similarly updated (Schedule 1, item 1). Additionally, two new genetic or chromosomal disorders, Cystic Fibrosis and Phenylketonuria, are added to the list (Schedule 1, item 2). Epilepsy that is uncontrolled while on medication is also recognised (Schedule 1, item 3). Furthermore, the condition of Haemophilia is expanded to include Factor VIII or Factor IX deficiency (less than 10%), rather than just Factor VIII deficiency (Schedule 1, item 4).
The Determination imposes obligations on carers, care receivers, and the government to ensure that the updated list of recognised disabilities is applied correctly. Carers must provide accurate information about the care receiver’s disability to qualify for carer allowance, and care receivers must meet the criteria specified in the Social Security Act and the updated list of recognised disabilities. The government, in turn, is responsible for processing applications for carer allowance based on the updated list and ensuring that any previously cancelled or suspended allowances are reinstated where appropriate.
Failure to comply with the provisions of the Determination may result in various consequences. The Social Security Act outlines specific offences and penalties for providing false or misleading information, which can lead to fines and imprisonment. Additionally, carers who fail to meet the eligibility criteria for carer allowance may face the cancellation or suspension of their allowance. The maximum penalties for offences under the Social Security Act can include fines of up to $22,200 for individuals and $111,000 for bodies corporate, along with potential imprisonment terms, depending on the severity and frequency of the offence.