Example: The carer may cease to provide care while a care receiver is in respite care (1.1.R.250).
The carer remains qualified if, in any calendar year:
Note: Care does not have to be provided in the private home of the care receiver when the carer is using temporary cessation of care provisions.
Exception: If the temporary cessation of care is due to the imprisonment or psychiatric confinement of the carer, CP is not payable.
Act reference: SSAct section 1158 Some social security payments not payable during period in gaol or in psychiatric confinement following criminal charge
Note: When calculating the number of days used for temporary cessation of care, do not include any periods where the carer was not in receipt of CP.
Only cessations of care for whole days count for the purposes of calculating temporary cessation of care. A whole day is a 24 hour period from midnight to midnight. Part days do not count as temporary cessation of care.
A carer may lose qualification for CP and subsequently reclaim and be granted CP in the same calendar year for the same care receiver. In these cases, any temporary cessation of care periods in that calendar year, while previously in receipt of CP, are counted towards the 63 days temporary cessation of care provisions. Any periods where the carer was not in receipt of CP do not count towards the 63 days temporary cessation of care provisions.
If granted CP part way through a calendar year, the full 63 days temporary cessation of care provisions apply. If granted CP in the same calendar year, for a different care receiver, the carer will have access to 63 days temporary cessation of care provisions for that care receiver.
The number of temporary cessation of care days is not applied proportionately to the balance of the year for which the carer qualifies.
Example 1: A carer claims CP in March. They are able to use up to 63 days temporary cessation of care between March and 31 December.
Example 2: John is granted CP on 1 January for Sally and uses 45 temporary cessation of care days. John's CP is cancelled on 1 June when Sally permanently enters an institution. John claims CP on 1 July for Greg and now has access to another 63 days temporary cessation of care provisions for caring for Greg.
Short periods of care (of less than 24 hours) provided during the day or evening by another person or an organisation, will not necessarily preclude receipt of CP, even if this occurs regularly. These periods do not count for the purposes of temporary cessation of care provisions.
Example: A neighbour, day care centre or other family member provides care while the carer has a break to attend to his or her own personal needs every Sunday from 10am until 4pm. This does not jeopardise the carer's qualification for CP and does not count as temporary cessation of care.
Where the care receiver is aged under 16 years and the carer has qualified for CP on the basis of short term (1.1.S.172) or episodic care (1.1.E.132), the number of temporary cessation of care days that the carer is entitled to is calculated on a pro rata basis using the number of days in the short term or episodic period of care.
This is calculated using the following formula:
63/(number of days in the calendar year) x (days in period of care)
Example: Joe claims CP on the basis of short term care in a leap year where the term of the care is a 4 month period from 2 January until 2 May. The number of temporary cessation of care days that the carer is entitled to is the number of whole days calculated by 63/366 x 120 (days) = 20.66 (20 allowable days).
Act reference: SSAct section 198AC Effect of cessation of care etc. on carer payment, section 197G Qualification-short term or episodic care of children
Policy reference: SS Guide 188.8.131.52 Qualification for CP (child) - Short Term or Episodic Care
CP and CA each have temporary cessation of care provisions of up to 63 days per calendar year. Where a carer is in receipt of CP and CA, temporary cessation of care provisions operate concurrently, not exclusively of one another. That is, the carer is entitled to a total of 63 days of temporary cessation of care in the calendar year, not 126 days.
Example: A carer qualifies for CP and CA on 1 March. The carer has access to a total of 63 days of temporary cessation of care in that calendar year.
Where a carer qualifies for CP and CA at different times of the year, again, the temporary cessation of care provisions do not operate exclusively for each payment.
Example: Jane qualifies for CP on 1 March and uses 20 days of temporary cessation of care by the end of May. On 1 June of the same year, she qualifies for CA and receives an entitlement of 63 days of temporary cessation of care for that calendar year. In July Jane uses 23 days of temporary cessation of care. She has 20 temporary cessation days left under CP and 40 days under CA. In October Jane uses a further 20 temporary cessation days and has 0 temporary cessation days under CP and 20 temporary cessation days left under CA. In November Jane uses 7 temporary cessation days and loses qualification for CP, but can reclaim CP using an abridged claim form when she resumes caring. However, Jane has 13 temporary cessation days left under CA until the end of the calendar year. On 1 January of the following year, she will receive another entitlement for 63 days of temporary cessation of care for CP and CA.
If a carer is receiving CP (child) and CA (child) automatically, on a short term or episodic basis, they are only entitled to the same number of CA temporary cessation of care days as they are entitled to CP temporary cessation of care days.
Only ONE entitlement of 63 days per calendar year (either continuous or broken) is allowed where the person qualifies for CP on the basis of the combined care (2 or more children each with disability or medical condition), or the basis of multiple care (a disabled adult and one or more children with disability or medical condition) or a disabled adult and their dependent child (paragraph 198(2)(d) of the SSAct). That is, if the carer ceases to provide care to one of the care receivers, it is considered a temporary cessation of care to the other care receiver(s).
A delegate of the Secretary has discretion to extend the period of temporary cessation of care for any special reason in the carer's particular case. If a special reason exists, a carer can cease to provide the care receiver(s) with constant care for more than 63 days in a calendar year, and still retain qualification.
Delegates must exercise discretion in determining what constitutes a special reason. Generally, such reasons would be outside the carer's control, and would be consistent with their role as a carer. The care situation would be expected to resume after a definite period.
Example 1: A carer has already used 45 days in the calendar year for temporary cessation of care. The carer leaves the care situation for a 2 week holiday, and before returning becomes ill, causing a further one week absence. The delegate determines that a special reason exists to extend the temporary cessation of care provisions.
Example 2: Mary has a son Doug and a daughter Susie, both with disability, whose combined care load qualifies her for CP. Mary lives on the family farm which is several hours drive from the city. Doug requires long term hospitalisation, for approximately 6 weeks, due to complications of his disability. Mary is unable to regularly attend the hospital on a daily basis to participate in his care as she needs to maintain Susie's care needs at home. In this example qualification for CP cannot be maintained as constant care on a daily basis is not being provided to both care receivers. Mary can however access and use her entitlement to the 63 days of temporary cessation of care provisions of CP. If the temporary cessation of care days were exhausted it would then be at the discretion of the Secretary's delegate to assess whether the carer's situation was a special reason where it would be appropriate to extend the period of CP.
DoHA funding rules provide for 63 days respite care in a financial year, for people who have been assessed by an aged care assessment team as needing respite care in a residential facility. Where there is a genuine need for respite care consideration should be given to ensure a carer is not disadvantaged because they have used 63 days respite in a calendar year for CP purposes.
Example: On 1 December, June has already used 62 temporary cessation of care days for CP purposes including 25 days DoHA funded formal respite. Her allocation under DoHA funding allows her another 38 days respite for that financial year. Her partner Jim, who she cares for, has high care needs. She would like to use some of her remaining DoHA respite days. On 2 December Jim is placed in a respite residential facility for 3 days. June has now used 65 days respite for CP purposes. The delegate determines that a special reason exists to extend the temporary cessation of care to 65 days.
Act reference: SSAct section 198AC(3) Secretary's discretion for special reasons (CP), section 957(3) Secretary's discretion for special reasons (CA)
A carer may qualify for CP while the care receiver is hospitalised (184.108.40.206). If the hospitalised care receiver is an adult and the hospitalisation provisions are used in full, the carer can utilise the temporary cessation of care provisions.
If a child in respect of whom a carer qualifies for CP under section 197C of the SSAct is hospitalised, their carer does not lose qualification for CP if the carer continues to participate in the care of the child in hospital and continues to provide care to the remainder of the children that qualified the carer for CP.
Example: Jill cares for her son Joshua and daughter Maddison who each have a disability or medical condition. Joshua needs to be admitted to hospital to receive treatment for his medical condition for 3 months. Jill continues to provide the same level of care to Maddison while attending the hospital on a daily basis to participate in Joshua's care and treatment. Jill continues to be qualified for CP under section 198AA of the SSAct.
Note: If CP has been cancelled because the carer has used more than 63 days temporary cessation of care, they may reapply for CP if they resume caring. The carer would only be entitled to further temporary cessation of care days for THE REMAINDER OF THAT CALENDAR YEAR, if the delegate exercised the Secretary's discretion for special reasons. If the carer ceased to provide care in the same calendar year their payment could be cancelled again but the carer is entitled to reapply each time they resume caring.
A carer who is admitted to hospital can utilise the temporary cessation of care provisions.
Act reference: SSAct section 197C Qualification-2 or more children each with a disability or medical condition, section 198AA Qualification for CP-hospitalisation
Policy reference: SS Guide 220.127.116.11 Qualification for CP during Temporary Absence from the Private Home - Hospitalisation
Participation in employment, voluntary work, education or training does NOT impact on the carer's qualification for CP, UNLESS the cessation of care exceeds 25 hours per week, including the carer's travel time.
Last reviewed: 20 March 2013