factsheet Carer Payment and Carer Allowance for people caring for adults This factsheet explains when a person who is caring for a person aged 16 or over can receive Carer Payment and Carer Allowance. If the person cared for is under 16 see the factsheet “Carer Payment and Carer Allowance for people caring for children”. Carer Payment (adult) What is Carer Payment (adult)? Carer Payment is a Social Security payment for people who provide “constant care” for a “disabled adult”. Who is eligible for Carer Payment (adult)? To be eligible for Carer Payment (adult) you must be: an Australian resident (the two year newly arrived resident’s waiting period applies. See the factsheet “Newly arrived residents and Social Security” for details); living in Australia (with some exceptions under International Social Security Agreements); personally providing “constant care” for a “disabled adult” (see below); providing care for the person in their home; and caring for a person whose level of disability and need for care is assessed using the Adult Disability Assessment Tool as being sufficient to qualify for Carer Payment (see below). You may also be eligible for Carer Payment if you care for a disabled adult, and also supervise the care of the disabled adult’s dependent child. The disabled adult must be assessed using the Adult Disability Assessment Tool. Where the child is six or over, Carer Allowance (child) must be payable in respect of the child. What does “constant care” mean? There is no definition of “constant care” in Social Security law. Centrelink guidelines say you are providing “constant care” if you personally provide care on a daily basis for a “significant period” during each day. The care you provide may be active, supervisory or monitoring. Centrelink will generally expect you to provide roughly the equivalent of a normal working day in personal care, however this is not strictly a requirement of the law. If you are providing a significant level of care to another person you should claim Carer Payment to test your eligibility. Centrelink will not accept you are providing constant care if you work, study or train for more than 25 hours per week. Any income you earn must be declared to Centrelink. You may be able to continue getting Carer Payment if you have worked more than 25 hours per week, so long as you continue to have “working credits”. 1 fspca_adults Welfare Rights – Factsheet ____________________________________________________________ What does "disabled adult" mean? The person you care for may be considered to be a “disabled adult” if they: have a physical, intellectual or psychiatric disability; and are 16 or over; and are likely to suffer from the disability permanently or for an extended period; and require “constant care” because of their disability. An adult will be considered to be suffering from a disability permanently or for an extended period where care will be required for at least six months, or where their medical practitioner has certified that the care receiver is in the terminal phase of an illness and is not expected to live for more than three months. The “disabled adult” you care for must be receiving a Social Security pension or benefit, or a Veterans' Affairs pension, unless they do not receive one of these payments because: they have not lived in Australia for long enough to be eligible; or they are not entitled to the payment under the income or assets test. In this situation special rules apply. See the “Special care receiver income and assets test” below. What is the “Adult Disability Assessment Tool” (ADAT)? Centrelink uses a set of tables called the “Adult Disability Assessment Tool” (ADAT) to assess Carer Payment and Carer Allowance claims. The ADAT assesses a person’s level of disability, and their need for assistance in the activities of daily living as well as cognitive ability (capacity to interpret and understand information), emotional state and behaviour. To make the assessment under the ADAT, Centrelink will give you two questionnaires - the claimant questionnaire (for you to complete), and the professional questionnaire. When completing the claimant questionnaire, try to avoid maximising ability and minimising disability. You should think about the person's care needs on an average to bad day so that their full care requirements can be taken into account. Centrelink calculates scores for each questionnaire according to the questionnaire responses. Whether you are eligible for Carer Payment will depend on whether you reach the required minimum score (which differs according to the care situation). What is the “special care receiver income and assets test”? To be eligible for Carer Payment, the person you care for must generally receive a Social Security or Veterans’ Affairs pension or benefit. If the person you care for is not eligible under the income or assets test, you may be eligible for Carer Payment if the total taxable income and the total assets of the person or people you care for are below specified limits. Contact Centrelink or your local Welfare Rights Centre/Advocate for more details. What if I need a break from caring? You may take breaks from caring of up to 63 days in any calendar year (either in a single period or over more than one period), and continue to receive Carer Payment. In some situations, if there is a “special reason”, this period can be extended. In addition to the 63 days respite period, you may still qualify for Carer Payment if the person being cared for has entered hospital, and meets the “hospitalisation” requirements. This will require you to be involved with the care of the person while they are in hospital. 2 fspca_adults Welfare Rights – Factsheet ____________________________________________________________ Getting Carer Payment overseas Carer Payment can be paid for up to 13 weeks of a temporary absence overseas, where you travel with and care for the person during the absence. If you or the person travel overseas and you temporarily cease providing care, payment of Carer Payment may continue under the respite rules (see above). Unless you are paid under an International Social Security Agreement, if you go overseas permanently or indefinitely you will no longer be eligible for Carer Payment, whether or not the person you care for travels with you. How do I apply for Carer Payment? To claim Carer Payment you will need to lodge a claim form at a Centrelink office. Carer Payment and Carer Allowance are included on the same claim form. You can organise claiming by phoning a Centrelink Call Centre on 13 2717. Part of the form is a questionnaire, the Adult Disability Assessment Tool, that must be filled out by the person’s doctor or other health professional. Supplementary payments You may receive Carer Allowance at the same time as Carer Payment (see below for information about Carer Allowance). If you receive Carer Payment and Carer Allowance you also receive a Carer Supplement of $600 each year for both payments. You should also receive a Pensioner Concession Card and the Pension Supplement automatically. You may qualify for Rent Assistance, Remote Area Allowance, Pensioner Education Supplement, or the Education Entry Payment, depending on your circumstances. Carer Allowance (adult)? What is Carer Allowance (adult)? Carer Allowance is a fortnightly payment of around $114. It is not income or assets tested and can be paid in addition to Carer Payment, or on its own. Who is eligible for Carer Allowance? You may be eligible for Carer Allowance if: both you and the person you care for are Australian residents; the person you care for is a family member (sometimes a person other than a family member can qualify); you and the person you care for live in the same home (there are exceptions, see below); the person you care for has a score of at least 30 under the Adult Disability Assessment Tool (ADAT - see above); you provide care on a daily basis; and the care is required permanently, or for a minimum of 12 months (unless the condition is terminal). What if I do not live with the person I care for? If you do not live with the person you care for, you may still be eligible for Carer Allowance if: you are not receiving award wages or above for the care provided; the care is provided in a private home; and 3 fspca_adults Welfare Rights – Factsheet ____________________________________________________________ the care and attention you provide daily totals 20 hours per week and relates to “sustaining life” and assisting with the “bodily functions” of the person you care for. Examples of care relating to “sustaining life and bodily functions” include feeding, dressing, showering, providing assistance with hygiene, mobility and communication, and protecting them from harmful, damaging, aggressive or other inappropriate behaviour. What if there are two carers? There may be up to two carers for a person receiving care. Where there are two carers, each is paid a share of Carer Allowance (adult) proportionate to the care provided. However, Carer Allowance cannot be shared where: the two carers are members of the same couple, or only one carer lives with the carer receiver (Carer Allowance is paid to the person who lives with the disabled adult). What if I care for two "disabled adults"? If you care for two "disabled adults", you may be eligible for two Carer Allowance payments. You cannot receive more than two Carer Allowance (adult) payments. What if I need a break from caring? You may take breaks from caring for up to 63 days in any calendar year (either in a single period or in more than one period), and continue to receive Carer Payment. Where there is a “special reason” this period can be extended. In addition to the 63 days respite period, you may still qualify for Carer Allowance if the person being cared for has entered hospital, and meets the “hospitalisation” requirements. This will require you to be involved in the care of the person while they are in hospital. Getting Carer Allowance overseas Carer Allowance (adult) can be paid for up to 13 weeks of a temporary absence overseas, if you continue to provide care during the absence (ie where the person you care for travels with you). If you or the person you care for travel overseas and you temporarily cease providing care because of this, payment of Carer Allowance may continue under the respite rules (see above). Unless you are paid under an International Social Security Agreement, if you go overseas permanently or indefinitely you will no longer be eligible for Carer Allowance, whether or not the person you care for travels with you. How do I apply for Carer Allowance? To claim Carer Allowance you will need to lodge a claim form at a Centrelink office. You can organise claiming by phoning a Centrelink Call Centre on 13 2717. Part of the form is a questionnaire, the Adult Disability Assessment Tool, that must be filled out by the person’s doctor or other health professional. Carer Allowance claims can be backdated up to 12 weeks before the claim was made, where the disability was due to an “acute onset”. Any back-payment can only be made where you would have been qualified for Carer Allowance throughout the backdating period. Appeal rights If you think a Centrelink decision is wrong you have the right to appeal against it. Appealing is easy and free. To appeal simply tell Centrelink that you are not happy with its decision and that you would 4 fspca_adults Welfare Rights – Factsheet ____________________________________________________________ like to appeal to an Authorised Review Officer (ARO). It is best to lodge an appeal in writing and you should keep a copy of your appeal letter. However, you can lodge an appeal over the telephone. The ARO is a senior officer in Centrelink who has the power to change the original decision. Many people are successful at this level. You can appeal to an ARO at any time. However, to receive back pay from the date you were affected by the original decision, you must appeal to an ARO within 13 weeks of receiving written notice of the original decision. If you appeal more than 13 weeks after receiving the notice and you are successful, you will only receive back pay from the date you appealed. If you think the ARO decision is wrong you can appeal to the Social Security Appeals Tribunal (SSAT). The SSAT is independent of Centrelink. You have further appeal rights to the Administrative Appeals Tribunal and the Federal Court. Time limits apply. For more information on appealing see the factsheet “Appeals – how to appeal against a Centrelink decision” and the guide “Appealing to the Social Security Appeals Tribunal". Interpreters If you think you need an interpreter, or if you feel more confident with an interpreter, you should use one of the three free available interpreter services. Most Centrelink offices have interpreters available at regular times each week. Your local Centrelink office can tell you about their available languages and times. You can telephone the Centrelink Multilingual Call Centre on 131 202 and speak to a bilingual Centrelink officer. You can also call the free Telephone Interpreter Service (TIS) on 131 450 and ask for an interpreter. Please note: This factsheet contains general information only. It does not constitute legal advice. If you need legal advice please contact your local Welfare Rights Centre/Advocate. Welfare Rights Centres are community legal centres, which specialise in Social Security law, administration and policy. They are independent of Centrelink. All assistance is free. This factsheet was updated in January 2012. www.welfarerights.org.au 5 fspca_adults