Document ID: chunk:federal_register_of_legislation:F2022C00508:reg:15
Version: federal_register_of_legislation:F2022C00508
Segment Type: reg
Provision Reference: reg 15
Character Range: 19807–21577

15  Meaning of dependent child in relation to ABSTUDY Scheme
 (1) Subject to subsection (2), a person (the first person) is a dependent child of another person in relation to the ABSTUDY Scheme if:
 (a) the first person is wholly or substantially in the care of the other person; and
 (b) the first person is less than 22; and
 (c) an income support payment is not receivable in respect of the first person, other than youth allowance; and
 (d) the first person does not have independent status.
 (2) Subsection (1) does not apply if:
 (a) the other person is the student; and
 (b) ABSTUDY Pensioner Education Supplement is receivable in respect of the student; and
 (c) the relevant ABSTUDY Pensioner Education Supplement qualifying payment is a pension or payment under the Veterans' Entitlements Act 1986.
 (3) If, at a particular time, paragraphs (2)(b) and (c) apply in relation to the student, a person is a dependent child of the student if:
 (a) the person is wholly or substantially in the care of the student; and
 (b) the person is less than 22; and
 (c) an income support payment is not receivable in respect of the person, other than youth allowance; and
 (d) the person is not a partner of the student; and
 (e) if the person is less than 16:
 (i) the person is in full‑time education; or
 (ii) the person is not in receipt of income (within the meaning of the Social Security Act 1991); or
 (iii) the person is in receipt of income and the rate of that income does not exceed the amount mentioned in subsection 5(3)(c) of that Act per week; and
 (f) if the person is at least 16—the person meets the requirement of paragraph 5(4)(b) of the Social Security Act 1991 at that time.
Note: Paragraph 5(4)(b) of the Social Security Act 1991 is an income test.