Document ID: chunk:federal_register_of_legislation:C2010A00093:clause:2_123ugd:p1
Version: federal_register_of_legislation:C2010A00093
Segment Type: clause
Provision Reference: sch 2 cl 123UGD (pt 1/2)
Character Range: 26610–29421

123UGD  Exempt welfare payment recipient—persons with dependent children
 (1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient at a particular time (the test time) if:
 (a) the person has one or more dependent children at the test time; and
 (b) in relation to each dependent child who is a school age child—the Secretary is satisfied that:
 (i) at the test time, the child is enrolled at a school, and the child has had no more than 5 unexplained absences in each of the 2 school terms ending immediately before that time; or
 (ii) at the test time, the child is covered by a schooling arrangement that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at, or attend, a school (for example, the child is home‑schooled), and the child's schooling is progressing satisfactorily; or
 (iii) at the test time, the child is participating in an activity specified in an instrument made by the Minister under subsection (2); and
 (c) in relation to each other dependent child—the Secretary is satisfied that, at the test time, the person or the child is participating in the required number and kind of activities specified in an instrument made by the Minister under subsection (3); and
 (d) the Secretary is satisfied that there were no indications of financial vulnerability in relation to the person during the 12‑month period ending immediately before the test time.
Note 1: A child can be a dependent child of only one person at a time: see section 123UGE.
Note 2: In deciding whether he or she is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with decision‑making principles: see subsection (5).

Alternative activities for school age children
 (2) The Minister may, by legislative instrument, specify activities for the purpose of subparagraph (1)(b)(iii).

Activities relating to dependent children (other than school age children)
 (3) The Minister must, by legislative instrument, specify the number and kind of activities that a person, or the person's dependent child (other than a school age child), may participate in for the purposes of paragraph (1)(c).
 (4) The activities that may be specified under subsection (3) may relate to a child's intellectual, physical or social development.

Decision‑making principles relating to financial vulnerability
 (5) In deciding whether he or she is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with any decision‑making principles set out in a legislative instrument made by the Minister for the purposes of this subsection.

Determination not a legislative instrument
 (6) A determination made by the Secretary under subsection (1) is not a legislative instrument.

Definition
 (7) In this section:
dependent