Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:1_3:p2
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 2/3)
Character Range: 20411–22945

determination specifying one of the adults as the principal carer of the child; and
 (b) give a copy of the determination to each adult.

 (20) The Secretary may make the determination even if all the adults have not claimed a social security payment that is based on, or would be affected by, the adult being the principal carer of the child.

 (21) If a child:
 (a) leaves Australia temporarily; and
 (b) continues to be absent from Australia for more than 13 weeks;
a person cannot be the principal carer of the child at any time after the 13 weeks while the child remains absent from Australia unless, at that time:
 (c) the child is in the company of a person to whom Division 2 of Part 4.2 applies; and
 (d) but for this subsection, the person would be the principal carer of the child; and
 (e) the person's portability period (within the meaning of that Division) for a social security payment:
 (i) that the person was receiving immediately before the person's absence from Australia; or
 (ii) the person's claim for which was granted during the absence;
  has not ended.

 (22) For the purposes of subsection (21), in determining if an absence is temporary, regard must be had to the following factors:
 (a) the purpose of the absence;
 (b) the intended duration of the absence;
 (c) the frequency of such absences.

 (23) If a child:
 (a) is born outside Australia; and
 (b) continues to be absent from Australia for a period of more than 13 weeks immediately following the child's birth;
a person cannot be the principal carer of the child at any time after the 13 weeks while the child remains absent from Australia unless, at that time:
 (c) the child is in the company of a person to whom Division 2 of Part 4.2 applies; and
 (d) but for this subsection, the person would be the principal carer of the child; and
 (e) the person's portability period (within the meaning of that Division) for a social security payment:
 (i) that the person was receiving immediately before the person's absence from Australia; or
 (ii) the person's claim for which was granted during the absence;
  has not ended.

 (24) If:
 (a) a person is not the principal carer of a child because of subsection (21) (absence from Australia) or (23) (birth outside Australia), or because of a previous application of this subsection; and
 (b) the child comes to Australia; and
 (c) the child leaves Australia less than 13 weeks later;
a person cannot be the principal carer of the child when the child leaves Australia as mentioned in paragraph (c).