EXPLANATORY STATEMENT

Child Disability Assessment Amendment Determination 2006

Summary

This Determination is made under section 38D of the Social Security Act 1991 (the Act).

The purpose of the Determination is to amend the Child Disability Assessment Determination 2001 (the 2001 Determination) by updating the Lists of Recognised Disabilities in Schedule 3 of the 2001 Determination to include Diabetes Mellitus Type 1 where the young person is under 10 years of age to the list of medical conditions. 

The Lists of Recognised Disabilities provide a fast tracking mechanism for qualification to Carer Allowance payable under the Act.  For a child who doesn’t have a disability or medical condition on the Lists, or in the case of Diabetes Mellitus Type 1 the child is over 10 years of age, the Child Disability Assessment Tool is used to determine eligibility for Carer Allowance.

Background

The Lists of Recognised Disabilities were introduced in July 1998 and are used in the assessment of eligibility for Carer Allowance for young people under 16 years of age with a disability or medical condition.  The Lists identify conditions, (disability and medical), that streamline eligibility for Carer Allowance and are reviewed every three years to ensure their continued effectiveness. 

A Review of the Lists, completed in 2004, resulted in the Child Disability Assessment Amendment Determination 2005 which amended 2001 Determination.

The question of whether Diabetes Mellitus Type 1 should also be included on the Lists of Recognised Disabilities was considered further, drawing on expert medical advice.  On 9 May 2006, as part of the 2006-07 Federal Budget, the Government announced the inclusion of Diabetes Mellitus Type 1 to the Lists of Recognised Disabilities for children under 10 years of age.

Consultation

The then Department of Family and Community Services advertised nationally for submissions to the Review of the Lists of Recognised Disabilities.  The expert Reference Group established for the Review took all submissions from peak bodies, carers and the community into account.  The Reference Group comprised of medical experts, representatives of peak carer groups, social workers and carers.

In relation to Diabetes Mellitus Type 1 medical advice was also sought from experts in the fields of paediatric endocrinology, diabetes and child community health. 

Explanation of the provisions

Inclusion of Diabetes Mellitus Type 1 to the Lists of Recognised Disabilities will fast track Carer Allowance applications for people caring for children under 10 years with the condition. 

Section 1 of the Determination states the name of the determination.

Section 2 provides that the Determination commences on 1 October 2006.

Section 3 specifies that Schedule 1 amends the 2001 Determination.

Item 1 of Schedule 1 of the Determination inserts Diabetes Mellitus Type 1 (where the young person is under 10 years of age) to the Lists of Recognised Disabilities.