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SOCIAL SECURITY ACT 1991 - SECT 999

Qualification for double orphan pension

Persons other than approved care organisations

             (1)  A person is qualified for a double orphan pension for a young person if:

                     (a)  the young person is an FTB child of the person, or would be an FTB child of the person except that the young person, or someone on behalf of the young person, is receiving payments under a prescribed educational scheme; and

                     (b)  the person is eligible for family tax benefit, or would be so eligible except that:

                              (i)  the young person is not an FTB child of the person, but only because of the receipt of the payments referred to in paragraph (a); or

                             (ii)  the person's rate of family tax benefit, worked out under Division 1 of Part 4 of the Family Assistance Act, is nil; and

                     (c)  on the day on which the person claims the double orphan pension, the young person is a double orphan; and

                     (d)  either:

                              (i)  the young person continues to be a double orphan; or

                             (ii)  if the young person is no longer a double orphan, the person has not become aware that the young person is no longer a double orphan.

Approved care organisations

             (2)  An approved care organisation is qualified for a double orphan pension for a young person if:

                     (a)  the organisation is eligible for family tax benefit for the young person, or would be eligible for family tax benefit for the young person except that the young person, or someone on behalf of the young person, is receiving payments under a prescribed education scheme; or

                     (b)  on the day on which the organisation claims the double orphan pension, the young person is a double orphan; and

                     (c)  either:

                              (i)  the young person continues to be a double orphan; or

                             (ii)  if the young person is no longer a double orphan--the organisation has not become aware that the young person is no longer a double orphan.

Note 1:       For double orphan see sections 993 and 994.

Note 2:       For approved care organisation see sections 6 and 35.



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