Document ID: chunk:federal_register_of_legislation:C2025C00014:section:102ac:p2
Version: federal_register_of_legislation:C2025C00014
Segment Type: section
Provision Reference: s 102AC (pt 2/3)
Character Range: 789760–792198

on the last day of the year of income, the minor was such a person.
 (3) Where:
 (a) a double orphan pension was payable, or would, but for section 1003 of the Social Security Act 1991, have been payable, in respect of a person under that Act in respect of a period during a year of income, being a period that included the last day of the year of income; and
 (b) during the whole of the period referred to in paragraph (a), the person was wholly or substantially dependent for support on a relative or relatives of the person;
that person shall not be taken by virtue of paragraph (2)(e) or (f) to be an excepted person in relation to the year of income.
 (4) Where:
 (a) the Commissioner is of the opinion that, during a period during a year of income, being a period that included the last day of the year of income, a person was a person who, by reason of a permanent disability, was unlikely to be able to engage in a full‑time occupation; and
 (b) during the whole of the period referred to in paragraph (a), the person was wholly or substantially dependent for support on a relative or relatives of the person;
that person shall not be taken, by virtue of paragraph (2)(g), to be an excepted person in relation to the year of income.
 (5) For the purposes of subsections (3) and (4), a person shall be taken to have been wholly or substantially dependent for support on a relative or relatives of the person during any period during which that person resided with a relative or relatives of the person unless the contrary is established to the satisfaction of the Commissioner.
 (6) Subject to this section, a person shall be taken, for the purposes of subsection (2), to have been engaged in a full‑time occupation on the last day of a year of income if, and only if:
 (a) the person was, on the last day of the year of income, a person engaged in a full‑time occupation; or
 (b) in a case to which paragraph (a) does not apply—the person was engaged in a full‑time occupation during the year of income for a period of not less than 3 months or for periods the aggregate of which is not less than 3 months.
 (7) Where:
 (a) during a period during a year of income, a person was engaged in a full‑time occupation; and
 (b) during the year of income and after the expiration of that period, the person was engaged in a course of full‑time education at a school, college, university or similar institution;
no regard shall be had to