EXPLANATORY STATEMENT
Disability Care Load Assessment (Child) Amendment Determination 2011
Summary
The Disability Care Load Assessment (Child) Amendment Determination 2011 (the Amending Determination) is made by the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs under section 38E of the Social Security Act 1991 (the Act).
The Amending Determination amends Schedule 3, Part 2, clause 11 of the Disability Care Load Assessment (Child) Determination 2010 (the Determination). Schedule 3, Part 2 of the Determination declares for the purposes of section 953 of the Act recognised disabilities; this Schedule is known as the List of Recognised Disabilities (the LoRD). The LoRD sets out medical conditions from which the child care receiver must suffer in order to qualify a carer for carer allowance in respect of a child under the age of 16 years.
Schedule 3, Part 2, clause 11 of the Determination provides that a young person will qualify his or her carer for carer allowance under section 953 of the Act if the following apply:
(1) the young person suffers from Diabetes Mellitus Type 1; and
(2) the young person is aged under 10 years.
The Amending Determination removes the second requirement. Therefore a child may qualify his or her carer for carer allowance under the Act if that child suffers from Diabetes Mellitus Type 1. Under section 953 of the Act, a carer may only receive carer allowance in respect of a child where the child is aged under 16.
Explanation of the provisions
Section 1 states the name of the Amending Determination.
Section 2 states that the Amending Determination is taken to have commenced on 1 July 2011. This is a retrospective commencement date, but given the beneficial nature of the amendment, no carer with a child who suffers from Diabetes Mellitus Type 1 under the age of 16 years will be disadvantaged by the retrospective commencement date. However, under no circumstances can a carer receive carer allowance in respect of a child with Diabetes Mellitus Type 1 who is over the age of 10 years prior to 1 July 2011.
Due to the retrospective commencement date of the Amending Determination and the many individual circumstances that may apply, it is not feasible to provide a general statement that if a person lodges a claim on a stipulated day they will be paid from a certain day. The decision-maker will apply the relevant provisions of the Social Security (Administration) Act 1999 (the Administration Act) including Schedule 2, Part 3, Division 3, clause 16 and subclause 4(1) of Schedule 2 in determining the relevant start date.
Section 3 provides that Schedule 1 of the Amending Determination amends the Disability Care Load Assessment (Child) Determination 2010.
Schedule 1, Clause 1 amends Schedule 3, Part 2, Clause 11 of the Disability Care Load Assessment (Child) Determination 2010. This provision omits the requirement that the young person who suffers from Diabetes Mellitus Type 1 must be under the age of 10 years in order to qualify his or her carer for carer allowance under section 953 of the Act. The result of the Amending Determination is that a child with Diabetes Mellitus Type 1 will qualify his or her carer for carer allowance under section 953 of the Act.
Consultation
Consultations were undertaken with families of children with diabetes, diabetes peak groups, Carers Australia, health and medical professionals, the Department of Health and Ageing and the Department of Human Services.
Regulatory Impact Analysis
The Amending Determination does not require a Regulatory Impact Statement as it is not regulatory in nature and will not impact on business or the not-for-profit sector.
Overview
The Disability Care Load Assessment (Child) Amendment Determination 2011 was enacted to amend the criteria for eligibility of carers of children with certain disabilities for carer allowance under the Social Security Act 1991. This determination, made by the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs, modifies the age restriction for children with Type 1 Diabetes Mellitus, allowing carers of children under the age of 16 who suffer from this condition to qualify for carer allowance regardless of the child's age. The amendment aims to provide broader support to families dealing with the challenges of caring for children with Type 1 Diabetes Mellitus, recognising the ongoing care needs these children may have beyond the age of 10. The determination came into effect on 1 July 2011, and its implementation followed consultations with relevant stakeholders, including families, health professionals, and carer support groups.
Scope and Application
The Disability Care Load Assessment (Child) Amendment Determination 2011 applies to carers of children under the age of 16 who suffer from Diabetes Mellitus Type 1. It amends the existing Disability Care Load Assessment (Child) Determination 2010 by removing the age restriction for children with this condition, thereby broadening the eligibility for carer allowance under the Social Security Act 1991. This legislative change ensures that a carer can receive the allowance for any child with Diabetes Mellitus Type 1, irrespective of the child's age, as long as they are under 16 years old. The amendment is effective from 1 July 2011, and while it is retrospective, it does not entitle any carer to allowances for children over 10 years old who were diagnosed with Diabetes Mellitus Type 1 prior to this date. The decision-maker will apply the relevant provisions of the Social Security (Administration) Act 1999 to determine the start date for payments in individual cases. This determination is applicable nationally within Australia, as it is made under the Commonwealth jurisdiction.
Key Provisions
The Disability Care Load Assessment (Child) Amendment Determination 2011 (the Amending Determination) primarily amends Schedule 3, Part 2, clause 11 of the Disability Care Load Assessment (Child) Determination 2010 (the Determination) (section 3). This change removes the age restriction for children suffering from Diabetes Mellitus Type 1, meaning that carers of children with this condition under the age of 16 will now qualify for carer allowance under section 953 of the Social Security Act 1991, regardless of the child’s age (Schedule 1, Clause 1). This means that any child suffering from Diabetes Mellitus Type 1, irrespective of their age, can now qualify their carer for carer allowance, provided the carer is caring for a child under the age of 16.
The Amending Determination imposes specific obligations on carers and the Department of Families, Housing, Community Services and Indigenous Affairs. Carers must ensure that their child's medical condition and age comply with the updated criteria for carer allowance eligibility. The Department, on the other hand, is responsible for accurately applying the amended provisions when assessing claims for carer allowance. This includes reviewing the child's medical condition and ensuring the carer meets the eligibility requirements as per section 953 of the Act.
Under the Amending Determination, there are no new offences or penalties introduced; however, failure to comply with the provisions of the Social Security Act 1991 and the Administration Act could result in civil or criminal consequences. For instance, providing false information to obtain carer allowance could be considered fraud, which may lead to penalties as outlined in the Social Security Act 1991. The maximum penalties for fraud can include substantial fines and imprisonment, depending on the severity and frequency of the offence. The specific penalties are detailed in the Social Security Act 1991 and may vary based on the jurisdiction and the specific nature of the offence.