Document ID: chunk:federal_register_of_legislation:C2025C00162:section:5:p7
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 5 (pt 7/7)
Character Range: 50023–52278

person would be the principal carer of the child; and
 (e) the person's portability period (within the meaning of that Division) for a social security payment:
 (i) that the person was receiving immediately before the person's absence from Australia; or
 (ii) the person's claim for which was granted during the absence;
  has not ended.
 (22) For the purposes of subsection (21), in determining if an absence is temporary, regard must be had to the following factors:
 (a) the purpose of the absence;
 (b) the intended duration of the absence;
 (c) the frequency of such absences.
 (23) If a child:
 (a) is born outside Australia; and
 (b) continues to be absent from Australia for a period of more than 6 weeks immediately following the child's birth;
a person cannot be the principal carer of the child at any time after the 6 weeks while the child remains absent from Australia unless, at that time:
 (c) the child is in the company of a person to whom Division 2 of Part 4.2 applies; and
 (d) but for this subsection, the person would be the principal carer of the child; and
 (e) the person's portability period (within the meaning of that Division) for a social security payment:
 (i) that the person was receiving immediately before the person's absence from Australia; or
 (ii) the person's claim for which was granted during the absence;
  has not ended.
 (24) If:
 (a) a person is not the principal carer of a child because of subsection (21) (absence from Australia) or (23) (birth outside Australia), or because of a previous application of this subsection; and
 (b) the child comes to Australia; and
 (c) the child leaves Australia less than 6 weeks later;
a person cannot be the principal carer of the child when the child leaves Australia as mentioned in paragraph (c).

Relationship child and relationship parent
 (25) If:
 (a) someone is a child of a person because of:
 (i) the definition of child in subsection (1); or
 (ii) paragraph (b) of the definition of child in section 1207A; or
 (iii) paragraph (b) of the definition of child in subsection 1209R(5); and
 (b) he or she is not a biological or adopted child of the person;
the child is the relationship child of the person and the person is the relationship parent of the child.