Document ID: chunk:federal_register_of_legislation:C2004A04731:front:0:p25
Version: federal_register_of_legislation:C2004A04731
Segment Type: other
Provision Reference: 
Character Range: 63198–65938

home child care allowance

"951I. If a person is qualified for payments under section 951H in relation to the death of a child, the person's home child care allowance rate, during the bereavement period, is to be calculated as if the child had not died.

"Subdivision B—Death of recipient

Death of recipient of home child care allowance during bereavement period

  "951J. If:

  (a) a person is receiving home child care allowance; and

  (b) the person dies; and

  (c) the person:

        (i) was qualified at the time of the person's death for payments under section 951H in relation to the death of a home child care allowance child; or

      (ii) would have been so qualified if the person had not died;

there is payable to such person as the Secretary thinks appropriate an amount equal to the amount of home child care allowance that would have been payable to the person under section 9511 if the person had not died.

Death of recipient of home child care allowance

  "951K.(1) If:

  (a) a person is receiving home child care allowance; and

  (b) the person dies;

there is payable to any person that the Secretary thinks fit, the amount of home child care allowance that would have been payable to the deceased person on the next home child care allowance payday after his or her death if the person had not died.

Note: For 'home child care allowance payday' see subsection 23(1).

"(2) If an amount of home child care allowance is paid under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of home child care allowance in respect of the deceased person.".

Consequential amendments

  4. The Principal Act is further amended as set out in Schedule 1.

PART 3—PARTNER ALLOWANCE

Insertion of new Part

  5. After Part 2.15 of the Principal Act the following Part is inserted:

"PART 2.15A—PARTNER ALLOWANCE

"Division 1—Qualification for and payability of partner allowance

"Subdivision A—Qualification for partner allowance

Qualification for partner allowance

"771HA.(1) Subject to subsections (2) and (3) and section 771HB, a person is qualified for a partner allowance in respect of a period if, throughout the period:

  (a) the person is a member of a couple; and

  (b) the person and the person's partner are at least 21; and

     (c) the person's partner is receiving job search allowance, newstart allowance, sickness allowance or special benefit; and

  (d) the person:

      (i) is an Australian resident; and

      (ii) is 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