Document ID: chunk:federal_register_of_legislation:C2007A00172:clause:4_5
Version: federal_register_of_legislation:C2007A00172
Segment Type: clause
Provision Reference: sch 4 cl 5
Character Range: 18591–20340

5  After point 1068‑B1A
Insert:

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

 1068‑B1B For the purposes of point 1068‑B1A, the maximum basic rate for a person receiving newstart allowance, mature age allowance under Part 2.12B or sickness allowance is worked out as if the person had a dependent child if:
 (a) 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
 (b) 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 1068‑B1C, determines another period for the person for the purposes of this subparagraph—that other period; and
 (c) none of subsections 5(3), (6) and (7) prevents the child from being a dependent child of the person; and
 (d) the person is not a member of a couple.

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

 1068‑B1C The Secretary may, in writing, determine a period of either 14 days or 28 days for the purposes of subparagraph 1068‑B1B(b)(ii). In making the determination, the Secretary must have regard to the guidelines (if any) determined under point 1068‑B1E.

 1068‑B1D A determination made under point 1068‑B1C is not a legislative instrument.

 1068‑B1E The Secretary may, by legislative instrument, determine guidelines to be complied with when making a determination under point 1068‑B1C.