Document ID: chunk:federal_register_of_legislation:C2006A00064:clause:1_1
Version: federal_register_of_legislation:C2006A00064
Segment Type: clause
Provision Reference: sch 1 cl 1
Character Range: 11568–13226

1  After subsection 5(20)
Insert:

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, newstart allowance 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

Note: The following heading to subsection 5(18) is inserted "Principal carer—a child can only have one principal carer".