15Meaning of dependent child in relation to ABSTUDY Scheme

15 Meaning of dependent child in relation to ABSTUDY Scheme

(1) Subject to subsection (2), a person (the first person) is a dependent child of another person in relation to the ABSTUDY Scheme if: (a) the first person is wholly or substantially in the care of the other person; and (b) the first person is less than 22; and (c) an income support payment is not receivable in respect of the first person, other than youth allowance; and (d) the first person does not have independent status. (2) Subsection (1) does not apply if: (a) the other person is the student; and (b) ABSTUDY Pensioner Education Supplement is receivable in respect of the student; and (c) the relevant ABSTUDY Pensioner Education Supplement qualifying payment is a pension or payment under the Veterans’ Entitlements Act 1986. (3) If, at a particular time, paragraphs (2)(b) and (c) apply in relation to the student, a person is a dependent child of the student if: (a) the person is wholly or substantially in the care of the student; and (b) the person is less than 22; and (c) an income support payment is not receivable in respect of the person, other than youth allowance; and (d) the person is not a partner of the student; and (e) if the person is less than 16: (i) the person is in full‑time education; or (ii) the person is not in receipt of income (within the meaning of the Social Security Act 1991); or (iii) the person is in receipt of income and the rate of that income does not exceed the amount mentioned in subsection 5(3)(c) of that Act per week; and (f) if the person is at least 16—the person meets the requirement of paragraph 5(4)(b) of the Social Security Act 1991 at that time.

Note: Paragraph 5(4)(b) of the Social Security Act 1991 is an income test.