Document ID: chunk:federal_register_of_legislation:C2004C01176:clause:1_1061zo
Version: federal_register_of_legislation:C2004C01176
Segment Type: clause
Provision Reference: sch 1 cl 1061ZO
Character Range: 22946–25043

1061ZO  Qualification

 (1) A person is qualified for a health care card on a day if this section applies to the person on that day.

 (2) This section applies to a person on a day if, on that day:
 (a) in the case of a child—the person is:
 (i) an Australian resident; or
 (ii) living in Australia with an Australian resident; and
 (b) in the case of a person other than a child—the person is:
 (i) an Australian resident; and
 (ii) in Australia; and
 (c) the person is not an FTB child aged over 16 years; and
 (d) the person satisfies the health care card income test.

 (3) This section applies to a person on a day if, on that day, the person:
 (a) is an Australian resident; and
 (b) is in Australia; and
 (c) is an FTB child who is 16 or more, but not yet 19, years of age; and
 (d) is not undertaking secondary studies; and
 (e) satisfies the health care card income test.

 (4) This section applies to a person on a day if, on that day, the person:
 (a) is an Australian resident; and
 (b) is in Australia; and
 (c) is an FTB child who is 19 or more years of age; and
 (d) satisfies the health care card income test.

 (5) This section applies to a child on a day if:
 (a) on that day, the child is in foster care; and
 (b) the child is living in Australia with an Australian resident.

 (6) If, during a continuous period of foster care, a child has been in the care of 2 or more foster carers, the reference in subparagraph (5)(c)(i) to the commencement of the period of foster care is a reference to the time at which the child began to be cared for by the first of those carers.

 (7) The Minister may declare that a person who:
 (a) is included in a specified class of persons; and
 (b) is, or has been, in Australia in specified circumstances;
is a person to whom this section applies.

 (8) The circumstances that may be specified in a declaration under subsection (7) include circumstances that existed or exist at any time before or after the making of the declaration.

 (9) A declaration under subsection (7):
 (a) must be in writing; and
 (b) is a disallowable instrument.