Document ID: chunk:federal_register_of_legislation:C2024C00866:section:5e:p3
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 5E (pt 3/3)
Character Range: 49067–51059

For living with a person see subsection (3).
Note 3: Subsection 5R(5) (determination in relation to an illness separated couple) is a qualification to the definition of a member of a couple.
Note 4: Subsection 5R(6) (determination in relation to a respite care couple) is a qualification to the definition of a member of a couple.
 (3) For the purposes of subparagraph (2)(b)(i), a person is to be treated as living with another person during:
 (a) any temporary absence of one of those persons;
 (b) an absence of one of those persons resulting from illness or infirmity;
if the Commission is of the opinion that they would, but for the absence, have been living together during that period.

Member of a couple—special excluding determination
 (4) A person is not a member of a couple if a determination under subsection 5R(3) is in force in relation to the person.
Note: Subsection 5R(3) allows the Commission to treat a person who is a member of a couple as not being a member of a couple in special circumstances.
 (4A) The partner of a person who:
 (a) is receiving a youth allowance under the Social Security Act; and
 (b) is not independent within the meaning of Part 3.5 of that Act;
is not a member of a couple for the purposes of:
 (c) the provisions of this Act referred to in the table at the end of this subsection; and
 (d) any provision of this Act that applies for the purposes of a provision mentioned in paragraph (c).
Note: Paragraph (d) has the effect of treating a person as not being a member of a couple in provisions that apply for the purposes of the income test, assets test or compensation recovery provisions, including section 5H (Income test definitions), sections 5L and 5LA (Assets test definitions), section 5NB (Compensation recovery definitions) and Divisions 1 to 11 of Part IIIB (General provisions relating to the income and assets tests).

Affected provisions
Item                 Provisions of this Act                                   Subject matter