Document ID: chunk:federal_register_of_legislation:F2021L00565:clause:5_2
Version: federal_register_of_legislation:F2021L00565
Segment Type: clause
Provision Reference: sch 5 cl 2
Character Range: 137409–141736

2  Section 7.8.2 (Purpose)
   After the section, insert:

7.8.3    Definition – sharing a home
1.  In this Part, a member is not sharing a home with a person they live with if the person meets one of the following and the person is not a subtenant.
    a.                                                                                                                                                      The person is a dependant.
    b.                                                                                                                                                      A resident child carer.
                                                                                                                                                            Note: A resident child carer is defined in section 7.1.14.
    c.                                                                                                                                                      The person is less than 18 years old.
    d.                                                                                                                                                      The person was living with the member before they turned 18 years old and any of the following apply.
                                                                                                                                                            i.                                                                                                     They are not a lessee of the property.
                                                                                                                                                            ii.                                                                                                    The member's lease on the property has not ended since the person turned 18 years old.
                                                                                                                                                            iii.                                                                                                   The member has not had a removal under section 6.5.26 or section 6.5.27 since the person turned 18 years old.
    Note: This definition does not affect the calculation of rent allowance for a member categorised as a member with dependants.
2.  Paragraphs 1.c and 1.d only apply from one of the following days.
    a.                                                                                                                                                      The day the member notifies DHA that the person meets the criteria of the relevant paragraph.
    b.                                                                                                                                                      The day the person starts to live in the member's home if all of the following apply.
                                                                                                                                                            i.                                                                                                     The member is deployed, on a seagoing ship, submarine or flight, or receiving field allowance at the time the person starts to live in the member's home.
                                                                                                                                                            ii.                                                                                                    The member notifies DHA that the person meets the criteria of the relevant paragraph.
                                                                                                                                                            iii.                                                                                                   The notification under subparagraph ii occurs within 30 days of the member ceasing to be deployed, on a seagoing ship, submarine or flight, or receiving field allowance, but not earlier than 5 August 2021.
    Note: This section may apply to person visiting the member who is considered a resident under subsection 7.8.20.3.