Document ID: chunk:federal_register_of_legislation:C2025C00162:section:8:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 8 (pt 1/2)
Character Range: 1780956–1783758

8                                                          Not an accommodated independent person, not in supported State care, not in unsupported State care and does not have a dependent child  $602.80

Note: The rates in column 3 are indexed annually in line with CPI increases (see sections 1191–1194).

Certain children treated as dependent children if in recipient's care for at least minimum period
 1067G‑B3AA For the purposes of point 1067G‑B3, the maximum basic rate for a person receiving youth allowance is worked out as if the person had a dependent child if:
 (a) the person is not undertaking full‑time study and is not a new apprentice; and
 (b) 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
 (c) 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 1067G‑B3AB, determines another period for the person for the purposes of this subparagraph—that other period; and
 (d) none of subsections 5(3), (6) and (7) prevents the child from being a dependent child of the person.
Note 1: For undertaking full‑time study see section 541B.
Note 2: For new apprentice, family law order, registered parenting plan and parenting plan see subsection 23(1).
 1067G‑B3AB The Secretary may, in writing, determine a period of either 14 days or 28 days for the purposes of subparagraph 1067G‑B3AA(c)(ii). In making the determination, the Secretary must have regard to the guidelines (if any) determined under point 1067G‑B3AD.
 1067G‑B3AC A determination made under point 1067G‑B3AB is not a legislative instrument.
 1067G‑B3AD The Secretary may, by legislative instrument, determine guidelines to be complied with when making a determination under point 1067G‑B3AB.
 1067G‑B3A Despite point 1067G‑B3, if a person:
 (a) is independent (see section 1067A) and is not a long term income support student (see section 1067F); and
 (b) is not a member of a couple; and
 (c) either:
 (i) has an exemption under section 542FA because of a determination in relation to the person under subsection 542FA(3) or (3A); or
 (ii) is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under subsection 40P(2) of the Administration Act because of paragraph 40P(2)(a) or (b) of that Act;
the person's maximum basic rate is the amount worked out as follows:
where:
pension PP (Single) maximum basic amount is the sum of:
 (a) the amount that would