Commonwealth Consolidated Acts

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AGED CARE ACT 1997 - SECT 44.26B

Definitions relating to the value of a person's assets

             (1)  In section 44-26A, and in this section:

"child " : without limiting who is a child of a person for the purposes of this section and section 44-26A, each of the following is the child of a person:

                     (a)  a stepchild or an adopted child of the person;

                     (b)  someone who would be the stepchild of the person except that the person is not legally married to the person's partner;

                     (c)  someone who is a child of the person within the meaning of the Family Law Act 1975 ;

                     (d)  someone included in a class of persons specified for the purposes of this paragraph in the Subsidy Principles.

"close relation " , in relation to a person, means:

                     (a)  a parent of the person; or

                     (b)  a sister, brother, child or grandchild of the person; or

                     (c)  a person included in a class of persons specified in the Subsidy Principles.

Note:          See also subsection (5).

"dependent child " has the meaning given by subsection (2).

"homeowner " has the meaning given by the Subsidy Principles.

"maximum home value " means the amount determined by the Minister by legislative instrument.

"member of a couple " means:

                     (a)  a person who is legally married to another person, and is not living separately and apart from the person on a permanent basis; or

                     (b)  a person whose relationship with another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section, and who is not living separately and apart from the other person on a permanent basis; or

                     (c)  a person who lives with another person (whether of the same sex or a different sex) in a de facto relationship, although not legally married to the other person.

"parent " : without limiting who is a parent of a person for the purposes of this section and section 44-26A, someone is the parent of a person if the person is his or her child because of the definition of child in this section.

"partner " , in relation to a person, means the other * member of a couple of which the person is also a member.

             (2)  A young person (see subsection (3)) is a dependent child of a person (the adult ) if:

                     (a)  the adult:

                              (i)  is legally responsible (whether alone or jointly with another person) for the day-to-day care, welfare and development of the young person; or

                             (ii)  is under a legal obligation to provide financial support in respect of the young person; and

                     (b)  in a subparagraph (a)(ii) case--the adult is not included in a class of people specified for the purposes of this paragraph in the Subsidy Principles; and

                     (c)  the young person is not:

                              (i)  in full-time employment; or

                             (ii)  in receipt of a social security pension (within the meaning of the Social Security Act 1991 ) or a social security benefit (within the meaning of that Act); or

                            (iii)  included in a class of people specified in the Subsidy Principles.

             (3)  A reference in subsection (2) to a young person is a reference to any of the following:

                     (a)  a person under 16 years of age;

                     (b)  a person who:

                              (i)  has reached 16 years of age, but is under 25 years of age; and

                             (ii)  is receiving full-time education at a school, college or university;

                     (c)  a person included in a class of people specified in the Subsidy Principles.

             (4)  The reference in paragraph (2)(a) to care does not have the meaning given in the Dictionary in Schedule 1.

             (5)  For the purposes of paragraph (b) of the definition of close relation in subsection (1), if one person is the child of another person because of the definition of child in this section, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.



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