Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:7_602c:p1
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 7 cl 602C (pt 1/2)
Character Range: 178395–181043

602C  Relief from activity test—people with disabled children and other circumstances

 (1) A person is not required to satisfy the activity test in respect of a period that the Secretary determines under this section in relation to the person.

 (2) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of one or more children:
 (a) who suffer from a physical, intellectual or psychiatric disability or illness; and
 (b) whose care needs are such that the person should, for the period specified in the determination, not be required to satisfy the activity test.

Note: For principal carer see subsections 5(15) to (24).

 (3) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of one or more children, and that:
 (a) the person is a registered and active foster carer; or
 (b) the person is a home educator of that child, or one or more of those children; or
 (c) the person is a distance educator of that child, or one or more of those children.

Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For registered and active foster carer see section 5B.

Note 3: For home educator see section 5C.

Note 4: For distance educator see section 5D.

 (3A) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of 4 or more children.

Note: For principal carer see subsections 5(15) to (24).

 (4) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that:
 (a) the person is a person included in a class of persons specified under subsection (5); and
 (b) the person's circumstances are such that the person should not be required to satisfy the activity test for the period.

 (5) The Secretary may, by legislative instrument, specify classes of persons in respect of whom determinations under this section may be made.

 (6) The period that the Secretary determines under this section must be the lesser of:
 (a) the period that the Secretary considers to be appropriate; or
 (b) 12 months.

 (7) Any such period may be followed by one or more other periods (not exceeding 12 months) determined under this section in relation to the person.

 (8) The Secretary may revoke a determination under this section in relation to a person if the Secretary is satisfied that the grounds on which the determination was made no longer exist.

 (9) Subsection (8) does not affect