63AARegular care child’s absence from Australia—meaning of absent overseas regular care child

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.

58 Subsection 63A(1)

Omit “62(2) or 63(2) if the Secretary is satisfied that the individual mentioned in subsection 62(2) or the FTB child mentioned in subsection 63(2)”, substitute “62(2), 63(2) or 63AA(1) if the Secretary is satisfied that the individual mentioned in subsection 62(2), or the child mentioned in subsection 63(2) or 63AA(1),”.

59 Subsection 63A(3)

Omit “or 63(2)”, substitute “, 63(2) or 63AA(1)”.

60 Subsection 63A(3)

Omit “the FTB child mentioned in subsection 63(2)”, substitute “the child mentioned in subsection 63(2) or 63AA(1)”.

61 Paragraph 64(a)