Document ID: chunk:federal_register_of_legislation:C2025C00162:section:5:p6
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 5 (pt 6/7)
Character Range: 47738–50276

same child, the Secretary must:
 (a) make a written determination specifying one of the adults as the principal carer of the child; and
 (b) give a copy of the determination to each adult.
 (20) The Secretary may make the determination even if all the adults have not claimed a social security payment that is based on, or would be affected by, the adult being the principal carer of the child.

Principal carer—which member of a couple can be a principal carer
 (20A) Subject to subsection (20B), a person is not the principal carer of any child if:
 (a) the person is a member of a couple; and
 (b) the other member of the couple is, or apart from this subsection would be, the principal carer of one or more children; and
 (c) the other member of the couple is receiving parenting payment, youth allowance, jobseeker payment or special benefit; and
 (d) the payment, allowance or benefit is based on or affected by the other member of the couple being the principal carer of a child.
 (20B) If:
 (a) a member of a couple is receiving, or has made a claim for, a social security payment that is or would be based on or affected by the person being the principal carer of a child; and
 (b) the other member of the couple is receiving, or has made a claim for, a social security payment that is or would be based on or affected by the person being the principal carer of a child; and
 (c) apart from subsection (20C), the application of subsection (20A) would, or would if the claim or claims were granted, prevent each member of the couple from being the principal carer of any child;
the Secretary must determine in writing that one of them can be a principal carer of a child.
 (20C) The determination has effect accordingly, despite subsection (20A).
 (20D) The Secretary must give a copy of the determination to each member of the couple.

Principal carer—child absent from Australia
 (21) If a child:
 (a) leaves Australia temporarily; and
 (b) continues to be absent from Australia for more than 6 weeks;
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