Document ID: chunk:federal_register_of_legislation:C2007A00172:clause:4_4
Version: federal_register_of_legislation:C2007A00172
Segment Type: clause
Provision Reference: sch 4 cl 4
Character Range: 16776–18591

4  After point 1067G‑B3
Insert:

Certain children treated as dependent children if in recipient's care for at least minimum period

 1067G‑B3AA For the purposes of point 1067G‑B3, the maximum basic rate for a person receiving youth allowance is worked out as if the person had a dependent child if:
 (a) the person is not undertaking full‑time study and is not a new apprentice; and
 (b) either:
 (i) the person is legally responsible (whether alone or jointly with another person) for the day‑to‑day care, welfare and development of a child under 16; or
 (ii) under a family law order, registered parenting plan or parenting plan that is in force, a child under 16 is supposed to live or spend time with the person; and
 (c) the child is in the person's care for at least 14% of:
 (i) the instalment period in relation to which the maximum basic rate is being worked out; or
 (ii) if the Secretary, under point 1067G‑B3AB, determines another period for the person for the purposes of this subparagraph—that other period; and
 (d) none of subsections 5(3), (6) and (7) prevents the child from being a dependent child of the person.

Note 1: For undertaking full‑time study see section 541B.

Note 2: For new apprentice, family law order, registered parenting plan and parenting plan see subsection 23(1).

 1067G‑B3AB The Secretary may, in writing, determine a period of either 14 days or 28 days for the purposes of subparagraph 1067G‑B3AA(c)(ii). In making the determination, the Secretary must have regard to the guidelines (if any) determined under point 1067G‑B3AD.

 1067G‑B3AC A determination made under point 1067G‑B3AB is not a legislative instrument.

 1067G‑B3AD The Secretary may, by legislative instrument, determine guidelines to be complied with when making a determination under point 1067G‑B3AB.