Document ID: chunk:federal_register_of_legislation:C2010C00151:clause:8_63aa
Version: federal_register_of_legislation:C2010C00151
Segment Type: clause
Provision Reference: sch 8 cl 63AA
Character Range: 426083–428280

63AA  Regular care child's absence from Australia—meaning of absent overseas regular care child

 (1) If:
 (a) one of the following applies:
 (i) a regular care child leaves Australia;
 (ii) a child born outside Australia is a regular care child at birth;
 (iii) an FTB child leaves Australia;
 (iv) a child born outside Australia is an FTB child at birth; and
 (b) the child continues to be absent from Australia for more than 13 weeks; and
 (c) at the end of the period of 13 weeks beginning on the first day of the child's absence from Australia the child is a regular care child;
the child is an absent overseas regular care child for any period that occurs:
 (d) during that absence from Australia; and
 (e) after the end of the period mentioned in paragraph (c); and
 (f) during which the child continues to be a regular care child.

Note: Generally, an absent overseas regular care child cannot be a rent assistance child (see clause 38B of Schedule 1).

 (2) If:
 (a) an FTB child is an absent overseas FTB child because of the application of subsection 63(2), (3) or (3A); and
 (b) during the period that the child is absent from Australia, the child becomes a regular care child of an individual;
the child is an absent overseas regular care child for any period that occurs:
 (c) during the absence from Australia referred to in paragraph (b) after the child becomes a regular care child; and
 (d) during which the child continues to be a regular care child.

 (3) If:
 (a) either:
 (i) a regular care child is an absent overseas regular care child because of the application of subsection (1) or (2) or a previous application of this subsection; or
 (ii) an FTB child is an absent overseas FTB child because of the application of subsection 63(2), (3) or (3A); and
 (b) the child comes to Australia; and
 (c) the child leaves Australia less than 13 weeks after coming to Australia; and
 (d) at the time the child leaves Australia, the child is a regular care child;
the child is an absent overseas regular care child for any period that occurs:
 (e) during the absence from Australia referred to in paragraph (c); and
 (f) during which the child continues to be a regular care child.