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.
Overview
The Child Disability Assessment Amendment Determination 2006 was made under section 38D of the Social Security Act 1991. This Determination seeks to address the need for an updated mechanism in the assessment process for Carer Allowance eligibility by amending the Child Disability Assessment Determination 2001. Specifically, it aims to include Diabetes Mellitus Type 1 in the Lists of Recognised Disabilities for children under 10 years of age, thereby providing a fast-track process for these cases. This amendment ensures that the Lists of Recognised Disabilities remain relevant and effective, as they are reviewed every three years. The determination was enacted by the Parliament of Australia and was introduced as part of the 2006-07 Federal Budget to improve the efficiency and equity of the Carer Allowance system.
Scope and Application
The Child Disability Assessment Amendment Determination 2006 applies to individuals or entities involved in the assessment and provision of Carer Allowance under the Social Security Act 1991, particularly focusing on children under 16 years of age with disabilities or medical conditions. This Determination updates the Child Disability Assessment Determination 2001 by adding Diabetes Mellitus Type 1 to the Lists of Recognised Disabilities, which is a streamlined pathway for eligibility to Carer Allowance. The inclusion of Diabetes Mellitus Type 1 to these lists is specific to children under the age of 10, thus affecting the eligibility criteria for Carer Allowance in this subset of cases. The Determination operates across Australia, as it is a Commonwealth legislation under the purview of the Social Security Act 1991. There are no explicit exclusions or exemptions mentioned in the text, though it is implied that only those disabilities listed or assessed through the Child Disability Assessment Tool are eligible. The Determination itself extends its application through the amendment of the 2001 Determination, with no mention of further extensions or restrictions via subordinate instruments.
Key Provisions
The main operative sections of the Child Disability Assessment Amendment Determination 2006 (Determination) are Section 1, which names the determination, and Section 3, which specifies that Schedule 1 amends the Child Disability Assessment Determination 2001 (2001 Determination). Item 1 of Schedule 1 inserts Diabetes Mellitus Type 1 (where the young person is under 10 years of age) into the Lists of Recognised Disabilities, thereby updating these lists to include this condition.
The Determination imposes obligations on the relevant parties, particularly those involved in the administration and assessment of Carer Allowance under the Social Security Act 1991. It requires that the Lists of Recognised Disabilities be updated to include Diabetes Mellitus Type 1 for children under 10 years of age, thus facilitating a faster assessment process for Carer Allowance eligibility for carers of such children. For children who do not have a disability or medical condition on the Lists, or in the case of Diabetes Mellitus Type 1 where the child is over 10 years of age, the Child Disability Assessment Tool must be used to determine eligibility.
There are no specific offences, penalties, or civil/criminal consequences detailed within this Determination for breach of its provisions. The focus of the Determination is on updating the Lists of Recognised Disabilities to ensure that the eligibility process for Carer Allowance is streamlined and efficient, particularly for children with certain medical conditions such as Diabetes Mellitus Type 1. The Determination relies on the existing framework of the Social Security Act 1991 for any enforcement mechanisms related to non-compliance with Carer Allowance provisions.