Document ID: chunk:federal_register_of_legislation:C2004A04731:front:0:p5
Version: federal_register_of_legislation:C2004A04731
Segment Type: other
Provision Reference: 
Character Range: 13518–16289

who is qualified to receive payments under the Assistance for Isolated Children Scheme is not a prescribed student child.

Note: For 'prescribed student child' see subsection 5(11).

Home child care allowance child—child over 16

"903.(1) Subject to subsection (2), a dependent child who has turned 16 cannot be a home child care allowance child.

"(2) A dependent child who has turned 16 and is undertaking secondary studies may be a home child care allowance child until:

  (a) the end of the calendar year in which the child turns 18; or

  (b) the child ceases secondary studies;

whichever happens first.

Home child care allowance child—residence requirements

"904. A dependent child cannot be a home child care allowance child unless:

  (a) the child is an inhabitant of Australia; or

     (b) the child is a dependent child of an inhabitant of Australia and is living with that inhabitant.

Note: For 'inhabitant of Australia' see subsection 23(1).

Home child care allowance child—child absent from Australia for more than 13 weeks

  "905.(1) If a dependent child:

  (a) either:

      (i) leaves Australia; or

      (ii) is born outside Australia; and

  (b) continues to be absent from Australia for more than 13 weeks;

the child cannot be a home child care allowance child at any time after the 13 weeks while the child remains absent from Australia.

  "(2) If:

     (a) a dependent child is not a home child care allowance child because of subsection (1) or a previous application of this subsection; and

  (b) the child comes to Australia; and

  (c) the child leaves Australia less than 13 weeks later;

the child cannot be a home child care allowance child when the child leaves Australia as mentioned in paragraph (c).

"Division 2—Qualification for and payability of home child care allowance

"Subdivision A—Qualification

Qualification for home child care allowance

  "906. A person is qualified for home child care allowance if the person:

  (a) is a member of a couple; and

  (b) has a home child care allowance child; and

  (c) is an inhabitant of Australia; and

  (d) is in Australia.

Note: For 'inhabitant of Australia' see subsection 23(1).

Qualification for home child care allowance ceases after 13 week absence of recipient from Australia

"907.(1) Subject to subsection (2), for the purposes of paragraph 906(d), a person is taken to be in Australia if the person is temporarily absent from Australia for a period of 13 weeks or less.

  "(2) If:

    (a) a person who has been absent from Australia for a period of more than 13 weeks returns to Australia; and

    (b) the person leaves Australia again within 13 weeks after returning to Australia;

for the purposes of subsection (1), the person is not to be taken to be