Document ID: chunk:federal_register_of_legislation:C2025C00162:section:5:p3
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 5 (pt 3/7)
Character Range: 40670–43276

is in receipt of income; and
 (c) the rate of that income exceeds $107.70 per week.
Note: The amount in paragraph (c) is indexed annually in line with CPI increases (see sections 1191 to 1194).

Dependent child—16 to 21 years of age
 (4) Subject to subsections (5) to (8), a young person is a dependent child of another person at a particular time if:
 (a) at that time, the young person:
 (i) has reached 16, but is under 22, years of age; and
 (ii) is wholly or substantially dependent on the other person; and
 (b) the young person's income in the financial year in which that time occurs will not be more than $6,403.
 (5) A young person who has turned 16 cannot be a dependent child of another person if the other person is the young person's partner.

Dependent child—pension, benefit and Labour Market Program recipients
 (6) A young person cannot be a dependent child for the purposes of this Act if:
 (a) the young person is receiving a social security pension; or
 (b) the young person is receiving a social security benefit; or
 (c) the young person is receiving payments under a program included in the programs known as Labour Market Programs.

Dependent child—residence requirements
 (7) For the purposes of this Act (other than the provisions dealing with special benefit), a young person is not to be treated as a dependent child of another person (in this subsection called the adult) unless:
 (a) if the adult is an Australian resident:
 (i) the young person is an Australian resident; or
 (ii) the young person is living with the adult; or
 (b) if the adult is not an Australian resident:
 (i) the young person is an Australian resident; or
 (ii) the young person has been an Australian resident and is living with the adult outside Australia; or
 (iii) the young person had been living with the adult in Australia and is living with the adult outside Australia.
Note: For Australian resident see subsection 7(2).
 (8) For the purposes of working out the maximum rate of special benefit under subsection 746(2), a young person is not to be treated as a dependent child of another person (in this subsection called the adult) unless:
 (a) if the adult is an Australian resident:
 (i) the young person is an Australian resident or a resident of Australia; or
 (ii) the young person is living with the adult; or
 (b) if the adult is not an Australian resident—the young person is an Australian resident or a resident of Australia.
Note: Australian resident is defined by subsection 7(2) but resident of Australia has its ordinary meaning and is not given any special definition by this Act.