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CP can be paid during a temporary absence from Australia to travel overseas for up to 6 weeks.
Subject to the following provisions, the carer may continue to be paid CP when travelling overseas WITH the care receiver:
Note: Temporary absences of more than 6 weeks may occur but CP will be cancelled and the person may need to reapply for payment on their return to Australia. The carer can continue to receive CP if they do not provide constant care for any periods for which the carer can access respite provisions of up to 63 days in a calendar year.
Example: While overseas the care receiver becomes ill and is hospitalised for 3 weeks, the carer continues to qualify for CP.
Act reference: SSAct section 198AB Care not required to be in private residence during portability period
Policy reference: SS Guide 7.1 Conditions for Payment Outside Australia, 7.1.2.20 Portability Table, 7.2 Arrangements for Payment Outside Australia
The carer remains qualified for CP if the care receiver travels overseas temporarily and intends to return to the care situation on their return. The temporary cessation of care provisions (3.6.7.50) are invoked for 63 days unless the delegate extends the number of days due to special circumstances. If the care receiver does not intend to return to the care situation the carer loses qualification for CP from the date of departure.
When travelling, a care receiver on certain income support payments may be paid for up to 6 weeks. A care receiver on certain other payments such as Age may be paid indefinitely whilst overseas.
If the carer travels overseas WITHOUT the care receiver, and intends to return to the care situation, then the temporary cessation of care provisions apply. The carer remains qualified for CP from the date of departure, up to 63 days in a calendar year unless the delegate extends the number of days due to special circumstances. If the carer does not intend to return to the care situation they lose qualification for CP from the date of departure. A carer can extend respite provisions by travelling across 2 calendar years.
Portability rules apply to all temporary departures overseas. An absence may exceed 6 weeks but the person will only receive payment for up to 6 weeks of a temporary absence (unless travelling in an agreement country which cover CP).
If the carer does NOT intend to return to the care situation, whether it is the carer or the care receiver who has gone overseas, they cease to qualify from the date of departure or the date care ceased if prior to departure.
Act reference: SSAct section 198AC Effect of cessation of care etc. on carer payment
Policy reference: SS Guide 3.6.4.40 Qualification for CP during Temporary Cessation of Care
A person receiving CP travelling or living outside Australia for more than 6 weeks may be eligible to continue to receive payment under an international social security agreement. Several international agreements include CP. Refer to Part 10 for information on which agreements include CP and the conditions under which a person may be payable.
If there is a temporary cessation of care while the carer and care receiver are overseas together, the 63 day temporary cessation of care provision can be applied.
Example: The carer and care receiver have travelled overseas together for a planned trip of 5 weeks. The care receiver becomes ill after 2 weeks and needs to be hospitalised for 4 weeks. The carer decides to use the period of hospitalisation as an opportunity to have a break from care and use their respite days under the temporary cessation of care provisions. The carer and care receiver return to Australia after a total absence of 6 weeks. Provided the allowable 63 days temporary cessation of care have not been exhausted, the carer qualifies for CP throughout the whole period because the 6 weeks temporary absence overseas including the 4 weeks temporary cessation of care, are within the limits of the allowed portability of 6 weeks.
The 63 day hospitalisation provision may also be applied if the care receiver is temporarily hospitalised while overseas and the carer is attending the hospital regularly and assisting with their care.
Should the care giver or care receiver be prevented from returning to Australia within the 6 week portability period due to an unforeseen circumstance that arises after departure, they may be entitled to a discretionary extension of their portability.
Act reference: SSAct section 198AB Care not required to be in private residence during portability period, section 198AC Effect of cessation of care etc. on carer payment
Policy reference: SS Guide 3.6.4.40 Qualification for CP during Temporary Cessation of Care
If a care receiver dies or is permanently admitted to an institution, CP remains payable to the carer for:
This provision applies regardless of whether the carer is overseas as long as the carer intends to return to Australia and the total absence from Australia is not more than 6 weeks.
Policy reference: SS Guide 3.1.5 Bereavement Payment Provisions
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Last reviewed: 2 January 2013
