Social Security (Benefit Categories and Work Focus) Amendment Act 2013

  • repealed
  • Social Security (Benefit Categories and Work Focus) Amendment Act 2013: repealed, on 26 November 2018, pursuant to section 455(1) of the Social Security Act 2018 (2018 No 32).
17 New sections 40C to 40HA inserted

After section 40 (as renumbered by section 16(1)), insert:

40C Supported living payment: on ground of sickness, injury, disability, or total blindness: medical examination

(1)

This section applies to a person who is an applicant for, or a person in receipt of, a supported living payment on the ground of sickness, injury, disability, or total blindness.

(2)

The chief executive may require the applicant or beneficiary to submit himself or herself for examination by a medical practitioner or a psychologist. The medical practitioner or psychologist must be agreed for the purpose between the applicant or beneficiary and the chief executive, or, failing agreement, must be nominated by the chief executive.

(3)

The medical practitioner or psychologist must certify whether, in the medical practitioner’s or psychologist’s opinion, the applicant or beneficiary is, or is not, or whether there is doubt about whether the applicant or beneficiary is or is not,—

(a)

permanently and severely restricted in his or her capacity for work; or (as the case may be)

(b)

totally blind.

(4)

A certificate given under this section must state the grounds upon which the opinion is founded.

(5)

A certificate given under this section must, in the case of doubt referred to in subsection (3), and may, in any other case, indicate a date for review of the permanency, severity, or both, of the applicant’s or beneficiary’s sickness, injury, or disability.

40D Supported living payment: on ground of caring for patient requiring care: eligibility

(1)

A person is entitled to a supported living payment under this section if he or she satisfies the criteria in subsections (2) and (3), and the chief executive is satisfied that the person is required to give full-time care and attention at home to some other person (other than the person’s spouse or partner) (in this section and sections 40E, 40H, and 40HA called the patient) who would otherwise have to receive care that is, or is equivalent to,—

(a)

hospital care, rest home care, or residential disability care, within the meaning of the Health and Disability Services (Safety) Act 2001; or

(b)

care of the kind referred to in section 141 of the Children, Young Persons, and Their Families Act 1989 (which is a section relating to care of severely disabled children and young persons).

(2)

An applicant must not be granted a supported living payment under this section unless,—

(a)

in the case of an applicant without a dependent child, he or she is aged at least 18 years:

(b)

in any other case, he or she is aged at least 19 years.

(3)

An applicant for a supported living payment under this section must meet the residential requirements in section 74AA.

(4)

A benefit granted under this section may, in the chief executive’s discretion, be continued for a period not exceeding 28 days even though the patient was not during that period in the full-time care of the beneficiary.

40E Supported living payment: on ground of caring for patient requiring care: medical examination

(1)

Every application for a supported living payment on the ground of care at home for a patient requiring care must be supported by the certificate of a medical practitioner certifying—

(a)

that the patient requires the applicant’s full-time care and attention; and

(b)

that, but for that care and attention, the patient would have to receive care that is, or that is equivalent to, care of a kind specified in section 40D(1)(a) or (b).

(2)

The chief executive may, in the chief executive’s discretion, require that the patient be examined by a medical practitioner to be nominated for the purpose by the chief executive.

(3)

A medical practitioner nominated under subsection (2) must determine whether the patient would, but for the applicant’s full-time care and attention, have to receive care that is, or is equivalent to, care of a kind specified in section 40D(1)(a) or (b).

40F Supported living payment: on ground of sickness, injury, disability, or total blindness: beneficiary’s obligations

A person who is granted a supported living payment on the ground of sickness, injury, disability, or total blindness, must,—

(a)

if section 60Q(1)(bb) applies to the person, comply with any requirements under section 60Q(3); and

(b)

if he or she is a person to whom section 60RA applies, comply with the person’s social obligations under section 60RA(3).

40G Supported living payment: on ground of sickness, injury, disability, or total blindness: spouse’s or partner’s obligations

(1)

This section applies to the spouse or partner of a person granted a supported living payment on the ground of sickness, injury, disability, or total blindness.

(2)

A person to whom this section applies—

(a)

must comply with all obligations arising under section 60Q; and

(b)

if he or she is a person to whom section 60RA applies, must comply with the person’s social obligations under section 60RA(3); and

(c)

if he or she is a work-tested spouse or partner, must comply with the work test.

40H Supported living payment: on ground of caring for patient requiring care: beneficiary’s obligations

A person who is granted a supported living payment on the ground of care at home for a patient requiring care, must,—

(a)

if section 60Q(1)(bc) applies to the person, comply with any requirements under section 60Q(3); and

(b)

if he or she is a person to whom section 60RA applies, comply with the person’s social obligations under section 60RA(3).

40HA Supported living payment: on ground of caring for patient requiring care: spouse’s or partner’s obligations

A person must comply with the person’s social obligations under section 60RA(3) if the person—

(a)

is a person with 1 or more dependent children; and

(b)

is the spouse or partner of (whether or not receiving all or any of the benefit instead of, or as well as) the person who is granted a benefit that is a supported living payment on the ground of care at home for a patient requiring care; and

(c)

is not a young person on whom obligations are placed under section 171(1) or (2).