5Determining that an individual is taken to be an Australian resident

#### 5 Determining that an individual is taken to be an Australian resident (1) Under subsection 8(3) of the Family Assistance Act, for paragraph 8(1)(a) of that Act, the Secretary must have regard to the following matters in considering whether hardship would be caused to an individual if the individual were not treated as an Australian resident: (a) whether the individual has, since arriving in Australia, experienced an event which was not reasonably foreseeable and which has substantially reduced her or his ability to pay child care fees; and (b) if so: (i) how long ago that event occurred; and (ii) the continuing effect of the event in causing hardship if the individual were not treated as an Australian resident; and (iii) whether it is in the best interests of the child to attend child care. (2) However, for paragraph (1)(a), the following events are not to be considered: (a) currency fluctuations; (b) an increase in fees charged by an approved child care service; (c) a reduction in an individual’s available income due to routine or unnecessary expenditure.