Document ID: chunk:federal_register_of_legislation:C2024A00104:section:22
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 22
Character Range: 110499–112079

22  Meaning of dependent child
 (1) A young person (see subsection (2)) is a dependent child of an individual (the adult) if:
 (a) the adult:
 (i) is legally responsible (whether alone or jointly with another individual) 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 persons prescribed by the rules; 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 persons prescribed by the rules.
 (2) A reference in subsection (1) to a young person is a reference to any of the following:
 (a) an individual under 16 years of age;
 (b) an individual 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) an individual included in a class of persons prescribed by the rules.
 (3) For the purposes of paragraph (b) of the definition of close relation in section 7, if one individual is the child of another individual because of the definition of child in that section, relationships traced to or through the individual are to be determined on the basis that the individual is the child of the other individual.

Part 3—Aged care rights and principles

Division 1—Aged care rights