Aged Care Act 2024
22Meaning of dependent child
Start here
Get a plain-English read of 22
Turn the raw legal text into a practical explanation grounded in Aged Care Act 2024.
22 Meaning of dependent child
(1) A young person (see subsection (2)) is a dependent child of an individual (the adult) if:
(a) the adult:
(i) is legally responsible (whether alone or jointly with another individual) for the day‑to‑day care, welfare and development of the young person; or
(ii) is under a legal obligation to provide financial support in respect of the young person; and
(b) in a subparagraph (a)(ii) case—the adult is not included in a class of persons prescribed by the rules; and
(c) the young person is not:
(i) in full‑time employment; or
(ii) in receipt of a social security pension (within the meaning of the Social Security Act 1991) or a social security benefit (within the meaning of that Act); or
(iii) included in a class of persons prescribed by the rules.
(2) A reference in subsection (1) to a young person is a reference to any of the following:
(a) an individual under 16 years of age;
(b) an individual who:
(i) has reached 16 years of age, but is under 25 years of age; and
(ii) is receiving full‑time education at a school, college or university;
(c) an individual included in a class of persons prescribed by the rules.
(3) For the purposes of paragraph (b) of the definition of close relation in section 7, if one individual is the child of another individual because of the definition of child in that section, relationships traced to or through the individual are to be determined on the basis that the individual is the child of the other individual.
Part 3—Aged care rights and principles
Division 1—Aged care rights
23 Statement of Rights
Independence, autonomy, empowerment and freedom of choice
(1) An individual has a right to:
(a) exercise choice and make decisions that affect the individual’s life, including in relation to the following:
(i) the funded aged care services the individual has been approved to access;
(ii) how, when and by whom those services are delivered to the individual;
(iii) the individual’s financial affairs and personal possessions; and
(b) be supported (if necessary) to make those decisions, and have those decisions respected; and
(c) take personal risks, including in pursuit of the individual’s quality of life, social participation and intimate and sexual relationships.
Equitable access
(2) An individual has a right to equitable access to:
(a) have the individual’s need for funded aged care services assessed, or reassessed, in a manner which is: