Document ID: chunk:federal_register_of_legislation:C2025C00162:section:3:p5
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 3 (pt 5/6)
Character Range: 1760232–1762752

30 hours; and
 (b) if, for a week that falls wholly in the 2‑year period referred to in paragraph (10)(b) and wholly in the COVID‑19 concession period, the person was not in paid work consisting of part‑time employment of at least 15 hours—the person is taken, for that week, to have been in paid work consisting of part‑time employment of 15 hours; and
 (c) if, for a week that falls wholly in the 14‑month period referred to in paragraph (10)(d) and wholly in the COVID‑19 concession period, the person was not in paid work consisting of employment that earnt the person at least the equivalent of 75% of the maximum rate applicable under that paragraph on 25 March 2020—the person is taken, for that week, to have been in paid work consisting of employment that earnt the person 75% of that maximum rate.
 (10N) For the purposes of subsection (10M), the COVID‑19 concession period is the period:
 (a) beginning on 25 March 2020; and
 (b) ending at the end of 24 September 2020.

People who are disadvantaged
 (11) A person is independent if the person:
 (a) is at least 18 years old; and
 (b) has had full‑time employment of at least 30 hours per week for a period of at least 12 months, or for periods that total at least 12 months; and
 (c) does not live at the home of either or both of his or her parents; and
 (d) in the Secretary's opinion, is specially disadvantaged with respect to education or employment; and
 (e) is not receiving financial support, whether directly or indirectly, from a parent of the person or from another person who is acting as the person's guardian on a long‑term basis.
Note: For parent see section 5 (paragraph (a) of that definition).

People with a partial capacity to work
 (12) For the purposes of this Part and Parts 2.11, 2.11B and 3.7 (except sections 1070F and 1070N), a person is independent if the person:
 (a) has turned 16; and
 (b) has a partial capacity to work; and
 (c) is not undertaking full‑time study and is not a new apprentice.
Note 1: For partial capacity to work see section 16B.
Note 2: For undertaking full‑time study see section 541B.
Note 3: For new apprentice see subsection 23(1).

Parents of relationship children
 (13) If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person's only parents for the purposes of subsections