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SOCIAL SECURITY ACT 1991 - SECT 500

Qualification for parenting payment

             (1)  A person is qualified for parenting payment if:

                     (a)  the person has at least one PP child (see section 500D); and

                     (b)  the person is an Australian resident; and

                     (c)  in a case where the person is not a member of a couple and does not have at least one PP child who has not turned 6--the person meets any participation requirements that apply to the person under section 500A; and

                    (ca)  in a case where the person is in a class of persons specified by legislative instrument under subsection (2)--the person meets any participation requirements that apply to the person under section 500A; and

                     (d)  at least one of the following conditions is satisfied:

                              (i)  the person is not a member of a couple and the person was not a lone parent at the start of the person's current period as an Australian resident;

                             (ii)  the person has, at any time, been in Australia for a period of, or periods adding up to, at least 104 weeks during a continuous period throughout which the person was an Australian resident;

                            (iii)  the person has a qualifying residence exemption for parenting payment;

                            (iv)  the person satisfies subsection (3).

Note 1:       For Australian resident , see section 7. For qualifying residence exemption in relation to parenting payment, see subsection 7(6) and paragraph 7(6AA)(f).

Note 2:       If a person is claiming parenting payment under a scheduled international social security agreement, the requirements of this subsection could be modified by section 10 of the Social Security (International Agreements) Act 1999 .

Note 3:       For lone parent and current period as an Australian resident see subsection 23(1).

             (2)  For the purposes of paragraph (1)(ca), the Minister may, by legislative instrument, specify a class of persons.

             (3)  A person satisfies this subsection if the following apply:

                     (a)  before the person made the claim for parenting payment, the person was a family member of another person at the time the other person became a refugee;

                     (b)  the person is a family member of that other person at the time the person made the claim for parenting payment or, if that other person has died, the person was a family member of that other person immediately before that other person died.

             (4)  For the purposes of subsection (3):

                     (a)  family member has the meaning given by subsection 7(6D); and

                     (b)  refugee has the meaning given by subsection 7(6B).



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