Arrears should be considered if the applicant is qualified for CA when the claim is lodged.
Example 1: A person claims CA (child) for a child who was previously in their care, but who is now living with another person. As the applicant is not currently qualified, no arrears are payable.
Example 2: A person claims CA (adult) for a person who has had treatment over an 18 month period, and has now recovered from their disability (or will recover shortly). As the applicant is not currently qualified, no arrears are payable.
If the care receiver dies and the carer lodges a claim for CA the following applies.
Assuming the carer would otherwise qualify under the SSAct for CA, for a care receiver then:
Explanation: For more information refer to the AAT case of Maude and Secretary Department of Family and Community Services (2004) AATA 1089 (19 October 2004).
Example 1: Dave lodges a CA claim on 1 April for his partner Pete who died on 28 March after complications from a motor vehicle accident. The THP confirms that Pete required daily care and attention for 7 months before his death. Dave meets all qualifications under SSAct section 954 therefore his start date would be 7 January. Dave is entitled to CA for the period 7 January to 28 March.
Example 2: Maree lodges a CA claim on 1 April for her 13 year old daughter Lucy who died on 20 March after a short illness. The THP confirms that Lucy required daily care and attention for the period 1 March to 20 March. Maree meets all qualifications under SSAct section 953 therefore her start date would be 1 March. Maree is entitled to CA for the period 1 March to 20 March.
Apart from temporary absences for respite care (1.1.R.250) and where the claim is lodged whilst the care receiver is in hospital (22.214.171.124), the care recipient must have been living at home for any arrears period. If the care recipient was living away from home for education, training or treatment (1.1.E.20) during the period, arrears of CA (child) may still be payable for periods when they visited the home under the temporary absence provisions.
Act reference: SSAct section 953 Qualification for CA-caring for either 1 or 2 disabled children, section 954 Qualification for CA-caring for a disabled adult in a private home of both the adult and the carer
The maximum period for backdating if a recipient qualifies with the combined scores of 2 children is 12 weeks. The start date is the first day of the period of 12 weeks ending immediately before the day on which the claim was made.
Example: Claims for 2 children are lodged separately, on 1 August 2009 and 1 October 2009. The children developed disabilities on 1 March 2009 and 1 July 2009 respectively. In this case, the date of commencement for CA (child) would be 1 July 2009.
The same principle applies when the recipient started to provide care and attention after the disability commenced - the start date being the date from which care and attention was provided for both children.
Qualification is taken to exist from the LATER of the following dates:
The start date of the disability is generally the date the disability or medical condition commenced, or the date nominated by the THP (1.1.T.170) on the claim form. Unless the recipient states otherwise, it may be accepted that the child received daily care and attention (1.1.C.10) from the recipient or their partner for all of the arrears period.
Act reference: SS(Admin)Act Schedule 2 clause 16 Carer allowance for disabled child or children, Schedule 2 clause 17 Carer allowance for disabled adult
Policy reference: SS Guide 126.96.36.199 Backdated Start Days - CA
CA (child) (HCC only) follows the start day rules as for the HCC issued with payment of CA (child). The HCC may be backdated up to a maximum period of 12 weeks.
The start day for CA may be backdated to the day of qualification for a person qualified for an adult with a disability for up to 12 weeks provided the disability is due to an acute onset (1.1.A.52).
Explanation: The THP (1.1.T.170) will indicate on the claim form whether there has been an acute onset and the date it occurred.
If the claim is more than 12 weeks AFTER the day of qualification, the start day is the first day of the 12 week period before the day the claim was made.
Act reference: SS(Admin)Act Schedule 2 clause 17 Carer allowance for disabled adult
Policy reference: SS Guide 188.8.131.52 Qualification for CA
Last reviewed: 7 March 2011