Document ID: chunk:federal_register_of_legislation:C2004A04731:front:0:p26
Version: federal_register_of_legislation:C2004A04731
Segment Type: other
Provision Reference: 
Character Range: 65713–68477

in Australia.

Note 1: For 'member of a couple' see section 4.

Note 2: For 'Australian resident' see section 7.

    Note 3: A person may be temporarily absent from Australia for up to 3 months and nevertheless be treated as being in Australia for the purposes of this section (see subsection (4)).

Person or partner under 21

  "(2) If, throughout a period:

  (a) a person has not turned 21, or the person's partner has not turned 21; and

  (b) the person or the person's partner has a dependent child;

the person is qualified for partner allowance in respect of the period.

Note: For 'dependent child' see subsections 5(2) to (9).

Person subject to waiting period or non-payment period

"(3) If job search allowance, newstart allowance or sickness allowance is not payable to a person because:

  (a) the person is serving a waiting period; or

     (b) a period of non-payment under paragraph 526(1)(j) or 608(1)(j) applies to the person;

the person is not qualified for a partner allowance throughout the period.

Note 1: For 'waiting period' see subsection 23(1).

    Note 2: Paragraph 526(1)(j) provides for non-payment periods for job search allowance recipients in certain circumstances.

    Note 3: Paragraph 608(1)(j) provides for non-payment periods for newstart allowance recipients in certain circumstances.

Presence of person in Australia

"(4) If a person is temporarily absent from Australia, the person is to be treated, for the purposes of subsection (1), as if the person were in Australia:

  (a) if the period of temporary absence is no longer than 3 months—throughout that period; and

  (b) in any other case—throughout the first 3 months of that period.

Factors to be considered in determining if absence is temporary

"(5) For the purpose of determining under subsection (4) if an absence is temporary, regard must be had to the following:

  (a) the purpose of any such absence;

  (b) the intended duration of any such absence;

  (c) the frequency of such absences.

Unemployment due to industrial action

"771HB.(1) If a person is unemployed during a period, the person is not qualified for a partner allowance in respect of the period unless the Secretary is satisfied that the person's unemployment during the period was not due to the person being, or having been, engaged in industrial action or a series of industrial actions.

"(2) For the purposes of subsection (1) and without limiting that subsection, a person is to be taken not to be, or to have been, engaged in industrial action or in a series of industrial actions if the Secretary is satisfied:

(a) the person's unemployment was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and

    (b) the