Protected Person Query

My wife and I have been caring for my mum for the past 5 years. Mum is on a L4 package, has dementia and is bed ridden.My wife has arrived in Australia 5 years ago and in October 2019 received her permanent partner visa. We applied for a carer payment for her but she was rejected as she need to now hold this visa for more than 2 years to be able to receive a carer payment. As a result of this decision I have applied for a carer payment since I am not working. I have applied for and am receiving a Carer Allowance since May 2019.

I have been living with mum for the past 25 years and helping her with many things prior to her becoming sick and needing 24 hour care 5 years ago.

I would like to know if my mum was placed into a nursing home in the future because we were not able to manage then are we able to claim protected person status???

Is a protected person someone who has been eligible to receive Centrelink Benefits for 2 years or more? If so which benefit? Is it a carer payment only OR is a Carer Allowance payment part of the consideration? Please explain to me.

If you think that we fulfill Protected Persons status is this something we need to apply for etc???
Yours thankfully

Hello all, my understanding is that Carer’s Allowance is NOT an income support payment. Carer’s Pension is. A list of income support payments can be found at:

Hi Malyut2,
Thats a good question and one that I’m not sure about unfortunately. You do have to be receiving the carers allowance for at least two years prior to your mum going into residential aged care to gain “protected person” status. This is clarified at the time your mother enters the home. So if your mother enters aged care whilst you are still receiving the carers allowance you should be ok. However if your compensation payments come into effect prior to your mother entering the home then you should talk to DHS on 1800 227 475 to ascertain how these payments impact on your “protected person” status. Given that you have been living in the family home for 25 years you may find that you have protection but you need to speak with experts in this field.
Kind regards,

Hi thanks for that reply. My circumstances are more clear now. Although my wife and I have been caring for my mum for the past 5 years I have only claimed a carer allowance 18 months ago although I was eligible to claim it years ago. Is carer allowance an eligible payment over a 2 year period for consideration as a protected person?Also I had a serious back injury in 1981 and have been told recently that as the law stands I will be receiving compensation payments of $870 per fortnight for life. Now due to this payment being received I am not eligible for a carer payment OR age pension. This is because there is a dollar for dollar reduction of compensation on both carer and age pensions.Am I still a protected person? Please clarify this for us.

Hi Malyut2,
For the purpose determining aged care fees you are considered a protected person if you have been living in the house as a carer for two years and receiving an income support payment. You will also be considered a protected person if you have been living in your mothers home for 5 years and are eligible to receive an income support payment.If you have concerns as to whether you qualify you can call the Department Human Services Income and Assets division on 1800 227 475.