Document ID: chunk:federal_register_of_legislation:C2021C00522:clause:10_12
Version: federal_register_of_legislation:C2021C00522
Segment Type: clause
Provision Reference: sch 10 cl 12
Character Range: 69384–70527

12  Subsection 201AA(5)
Repeal the subsection, substitute:
 (5) Subsection (1) does not apply to a person if, at the time the person made the claim for a carer payment, the person holds a visa that is in a class of visas determined in an instrument under subsection (5B).
 (5A) Subsection (1) does not apply to a person if:
 (a) the person is a refugee, or a former refugee, at the time the person made the claim for a carer payment; or
 (b) the following apply:
 (i) before the person made the claim for a carer payment, the person was a family member of another person at the time the other person became a refugee;
 (ii) the person is a family member of that other person at the time the person made the claim for a carer payment or, if that other person has died, the person was a family member of that other person immediately before that other person died; or
 (c) the person is an Australian citizen at the time the person made the claim for a carer payment.
 (5B) The Minister may, by legislative instrument, determine a class of visas for the purposes of subsection (5). The class must not be a class covered by paragraph 7(6AA)(f).