Document ID: chunk:federal_register_of_legislation:C2025C00162:section:5:p4
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 5 (pt 4/7)
Character Range: 43023–45624

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. Subsection 7(3) is relevant to the question of whether a person is residing in Australia.
 (8A) For the purposes of Part 2.10, a young person who is an inmate of a mental hospital is a dependent child of a member of a couple if there is in force under section 37 a determination in respect of the young person and the member of the couple.

Prescribed student child
 (11) A person is a prescribed student child if:
 (a) the person is a young person who has reached 16, but is under 22, years of age; and
 (b) the young person is qualified to receive payments under a prescribed educational scheme.
 (12) For the purposes of subsection (11), a young person is, subject to subsection (13), qualified to receive a payment under a prescribed educational scheme if:
 (a) the young person is receiving a payment under a prescribed educational scheme; or
 (b) someone else is receiving, in respect of the young person, a payment under a prescribed educational scheme; or
 (c) the Secretary has not formed the opinion that:
 (i) the young person will not, or would not if an application were duly made, receive a payment under a prescribed educational scheme; and
 (ii) no other person will, or would if an application were duly made, receive, in respect of the young person, a payment under a prescribed educational scheme.
 (13) For the purposes of subsection (11), a young person is not qualified to receive a payment under a prescribed educational scheme if:
 (a) the young person is not receiving a payment under a prescribed educational scheme; and
 (b) no other person is receiving, in respect of the young person, a payment under a prescribed educational scheme; and
 (c) the Secretary is satisfied that the educational scheme rate would be less than the social security rate.
 (14) For the purposes of subsection (13):
 (a) the educational scheme rate is the total of the amounts that would be payable to or in respect of the young person under the prescribed educational scheme; and
 (b) the social security rate is the Part A rate of family tax benefit for which a person would be eligible (in respect of the young person) if the young person were not a prescribed student child.

Principal carer
 (15) A person is the principal carer of a child if:
 (a) the child is a dependent child of the person; and
 (b) the child has not turned 16.
Note: