DATE OF ISSUE: 25 JUNE 1996
CARER NO LONGER REQUIRED TO LIVE WITH OR ADJACENT TO THE PERSON BEING CARED FOR
PURPOSE
The purpose of this Departmental Instruction is to provide procedural guide-lines and background information on the 1995/96 Budget initiatives which removed the requirement that a carer live with or adjacent to the person being cared for.
2. This initiative is effective from 1 July 1996.
BACKGROUND
3. Prior to 1 July 1996 to be eligible for a carer service pension (CSP) or for the carer stream of the income support supplement (ISS), the carer must be personally providing constant care for a severely handicapped veteran or severely handicapped person. In addition, the carer must live in the same house or adjacent to the veteran or person for whom they are caring.
4. Other carers who provide the level of care specified in the Veterans' Entitlements Act 1986 (VEA) but who do not live with or adjacent to the veteran or person for whom they are caring are not eligible for CSP or ISS.
RATIONALE
5 In removing the requirement to live with or adjacent to the veteran or person being cared for, the carer who provides a level of care specified in the VEA, can receive CSP or the carer stream of ISS. By extending eligibility to include carers of this group there is a reduced likelihood that the people needing care will be institutionalised thereby reducing the cost on Government or other Home and Community Care programs.
LEGISLATION
6 The amendments to the VEA were introduced in the Veterans' Affairs Legislation Amendments (1995-96 Budget Measures) Act (No. 2) 1995. Royal Assent was received on 11 December 1995.
RELATED LEGISLATION
7 Related 1995/96 Budget initiatives extended eligibility for CSP or the carer stream of ISS to people caring for others who do not receive a pension or benefit and provided for the continuation of CSP or the carer stream of ISS for seven fortnights following the person being cared for being permanently admitted to an institution.
8 These amendments to the VEA were also introduced in the Veterans' Affairs Legislation Amendments (1995-96 Budget Measures) Act (No. 2) 1995. Both initiatives commenced on 20 March 1996 and are covered under a separate Departmental Instruction (DI C21/96).
ELIGIBILITY CRITERIA
Carer place of residence
9 Sections 39(1) and 45AB(1) of the VEA have been amended to remove the requirement for the carer to live in the same home as, or in an adjacent home to, the person being cared for.
Eligibility
10 When determining the carer's eligibility in terms of the provision of 'constant care', the delegate must be satisfied that irrespective of whether the carer is living with the severely handicapped person or is living some distance away, the severely handicapped person is receiving the appropriate level of care.
Extreme disablement adjustment (EDA)
11 A partner caring for a veteran receiving the EDA rate of disability pension, who is under 50 years of age with no dependent children will be considered to automatically satisfy the level of care requirement. However, in this situation the partner must be living under the same roof as the veteran. Investigation of the provision of constant care will be necessary where the couple live apart (non illness separated spouse).
ENQUIRIES
12 Any questions regarding this DI should be directed to the Policy Implementation Unit, South Australia:
Robyn Del Casale — Assistant Director(08) 213 2321 (LAN S-B-PI-1)
Sue Burne — Project Officer(08) 213 2656(LAN S-B-PI-2)
Kathi Ashman — Project Officer(08) 213 2409(LAN S-B-PI-3).
PETER REECE
Division Head
Compensation and Support
June 1996