The Law Handbook 2024

Chapter 5.1: Dealing with social security 315 details, see s 23(5A), (5B), (5C), (5D) SS Act .) To be eligible, a person must also be an ‘Australian resident’ – that is, a citizen, permanent resident or holder of a ‘protected’ special category visa (subclass 444) who is ‘residing in Australia’ (this requires establishing and maintaining ties with Australia – see s 7 for more details). A New Zealand citizen is a protected special category visa (SCV) holder if they arrived in Australia before 26 February 2001. A person must also be in Australia when claiming the Age Pension, unless claiming under an international agreement. In addition, to be eligible for the Age Pension, a person must have been an Australian resident for a continuous period of at least 10 years in total. Alternatively, this 10-year residency requirement can be met if a person has been an Australian Resident for more than one continuous period if there is one continuous period of at least five years that exceeds 10 years in total. A person may be exempt from this if they live in Australia and arrived as a refugee or are a family member of a refugee. A woman whose partner has died may also be exempt from the 10-year residence requirement. A person may be treated as living in Australia even during extensive periods overseas. However, people can return to Australia after extensive periods and be found not to have Australian residence. Residency requirements may also be modified by agreements with other countries (see ‘International agreements’, below). This is a complex area and any specific queries should be taken to a community legal centre, Victoria Legal Aid or a private solicitor (see Chapter 2.4: Legal services that can help). For specific information about eligibility for the Age Pension, contact Centrelink (www.servicesaustralia. gov.au/individuals/centrelink) . Rate of payment The Age Pension has two basic rates: one rate for single pensioners and another rate for partnered pensioners (ss 55, 1064, 1065 SS Act). Although, if a couple is separated by illness, they may each receive the single rate. Rates are adjusted every six months and may be reduced depending on the pensioner’s (or their partner’s) income or assets. Payments may be reduced to nil if the value of the pensioner’s (or their partner’s) income or assets reach the threshold, unless hardship provisions apply or the pensioner is permanently blind (see ‘Income and assets tests for pensions’, below). A pensioner may also be eligible for Rent Assistance (see ‘Rent Assistance’, below) and other supplements that increase the pension above the standard rate. (See also A Guide to Australian Government Payments for more information about the Age Pension.) Carer Payment Eligibility A person may be paid a Carer Payment (ss 7, 197- 198Q SS Act) if they provide constant care, including supervision, in the care receiver’s own home to: • a disabled adult, or a disabled adult and a depend- ent child (s 198 SS Act ); • a child with a ‘severe disability’ or a ‘severe medical condition’ (s 197B); • two or more children with disability or medical condition (s 197C); • a disabled adult and one or more children each with disability or medical condition (s 197D); • a child who has a terminal condition (s 197E); • a child with a severe disability or severe medical condition on a short-term or episodic basis (s 197G); or • a ‘profoundly disabled child’, or two or more ‘disabled children’ (pre-1 July 2009 saved cases). A person may be paid a Carer Payment if they exchange care, under a parenting plan, of two or more children each with disability or medical condition (s 197F). The carer and the care receiver must be Australian residents. Although, residency requirements may be modified by agreements with other countries (see ‘International agreements’, below). Carer Payment claims from people who care for children with disabilities or medical conditions are assessed against the ‘Disability Care Load Assessment (Child) Determination’. Both the carer and a health professional who is treating the child fill in a questionnaire, then the claim is assessed based on the child’s care needs, as reported by the carer and the professional in the questionnaire. To receive a Carer Payment to care for a disabled adult, the adult must be assessed under the Adult Disability Assessment Tool ( ADAT ). This assessment involves the carer and a treating health professional each filling in a questionnaire.