Social Security Act 1964

  • repealed
  • Social Security Act 1964: repealed, on 26 November 2018, by section 455(1) of the Social Security Act 2018 (2018 No 32).

Part 1D Child disability allowance

Part 1D heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

39A Child disability allowance

(1)

For the purposes of this section and of sections 39B to 39E, child with a serious disability means a dependent child who—

(a)

has a physical or mental disability;

(b)

because of that disability needs constant care and attention; and

(c)

is likely to need such care and attention permanently or for a period exceeding 12 months.

(2)

In determining for the purposes of subsection (1)(b) whether a child with a serious disability needs constant care and attention the chief executive shall consider whether the child requires—

(a)

from another person, frequent attention in connection with his bodily functions; or

(b)

attention and supervision substantially in excess of that normally required by a child of the same age and sex; or

(c)

regular supervision from another person in order to avoid substantial danger to himself or others.

(3)

Subject to the provisions of this section and of sections 39B to 39E, the chief executive may grant a child disability allowance in respect of a child with a serious disability being cared for—

(a)

in a private home that is the residence of the person caring for that child; or

(b)

in a home or hostel operated by an approved voluntary organisation if the child’s parent or guardian is required to contribute to the cost of maintaining him in that home or hostel and the child is cared for by his parent or guardian during school holidays or weekends.

Section 39A: inserted, on 18 October 1978, by section 9(1) of the Social Security Amendment Act 1978 (1978 No 58).

Section 39A heading: amended, on 1 September 1998, by section 12 of the Social Security Amendment Act 1998 (1998 No 19).

Section 39A(1): amended, on 15 July 2013, by section 88 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 39A(1): amended, on 1 September 1998, by section 12(1) of the Social Security Amendment Act 1998 (1998 No 19).

Section 39A(1): amended, on 1 April 1991, by section 8 of the Social Security Amendment Act 1991 (1991 No 1).

Section 39A(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 39A(2): amended, on 1 September 1998, by section 12(1) of the Social Security Amendment Act 1998 (1998 No 19).

Section 39A(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 39A(3): amended, on 1 September 1998, by section 12(1) of the Social Security Amendment Act 1998 (1998 No 19).

Section 39A(3): amended, on 1 September 1998, by section 12(2) of the Social Security Amendment Act 1998 (1998 No 19).