Commonwealth Consolidated Acts Commonwealth Consolidated ActsApplication
(1) This section applies to determine whether a person is to be regarded as independent for the purposes of this Part and Parts 2.11, 2.11B, 3.4A, 3.4B and 3.7. A person is not to be regarded as independent except as provided by this section.
Member of a YA couple
(2) A person is independent if the person is, or has been, a member of a YA couple (see section 1067C).
Person with a dependent child
(3) A person is independent if:
(a) the person has a natural child, adoptive child or relationship child who is wholly or substantially dependent on the person or his or her partner; or
(b) the person previously had a natural child, adoptive child or relationship child who was wholly or substantially dependent on the person or on a person who, at the time, was the person's partner.
Person at least a certain age
(4) For the purposes of Parts 2.11 and 2.11B, this Part and section 1070G, a person is independent at a time in a period specified in an item of the table if at the time the person is at least the age specified in the item:
Age when person becomes independent | ||
Item | Period | Age |
1 | The period starting at the start of 1 April 2010 and ending at the end of 31 December 2010 | 24 years |
2 | The year 2011 | 23 years |
3 | A year after 2011 | 22 years |
(4A) For the purposes of Parts 3.4A, 3.4B and 3.7, except section 1070G, a person is independent if the person is at least 25 years old.
Orphan
(5) A person is independent if both of the person's parents are dead, whether or not the person is dependent, or was last dependent, on someone other than his or her parents.
If parents cannot exercise responsibilities
(6) A person is independent if both of the person's parents are (or, if the person has only one parent, that parent is):
(a) serving a prison sentence; or
(b) mentally incapacitated and likely to remain so incapacitated for an indefinite period; or
(c) living in a nursing home and likely to remain there for an indefinite period; or
(d) missing;
whether or not the person is dependent, or was last dependent, on someone other than a parent of the person.
(7) A person is independent if the person:
(a) is the holder, within the meaning of the Migration (1993) Regulations, of a Group 1.3 entry permit (permanent resident) (refugee and humanitarian); or
(b) while the holder of such a permit, was granted Australian citizenship.
However, a person is not independent under this subsection if the person has a parent living in Australia, or is wholly or substantially dependent on someone else on a long - term basis.
(8) A person is independent if the person is not living with a parent, and:
(a) the person is in the guardianship, care or custody of a court, a Minister, or a Department, of the Commonwealth, a State or a Territory; or
(b) there is a current direction from such a court, Minister or Department placing the person in the guardianship, care or custody of someone who is not the person's parent; or
(c) the person stopped being in a situation described in paragraph (a) or (b) only because of his or her age.
A person to whom this subsection applies is taken, for the purposes of this Part to be in State care .
Unreasonable to live at home
(9) A person is independent if:
(a) the person cannot live at the home of either or both of his or her parents:
(i) because of extreme family breakdown or other similar exceptional circumstances; or
(ii) because it would be unreasonable to expect the person to do so as there would be a serious risk to his or her physical or mental well - being due to violence, sexual abuse or other similar unreasonable circumstances; or
(iii) because the parent or parents are unable to provide the person with a suitable home owing to a lack of stable accommodation; and
(b) the person is not receiving continuous support, whether directly or indirectly and whether financial or otherwise, from a parent of the person or from another person who is acting as the person's guardian on a long - term basis; and
(c) the person is not receiving, on a continuous basis, any payments in the nature of income support (other than a social security benefit) from the Commonwealth, a State or a Territory.
People who are self - supporting
(10) A person is independent if the person has supported himself or herself through paid work consisting of:
(a) full - time employment of on average 30 hours per week for at least 18 months during any period of 2 years; or
(b) part - time employment of at least 15 hours per week for at least 2 years since the person last left secondary school; or
(c) for the purposes of Parts 3.4A, 3.4B and 3.7, except section 1070G--a period or periods of employment over an 18 month period since the person last left secondary school, earning the person at least the equivalent of 75% of:
(i) the maximum rate of pay under Wage Level A of a transitional Australian Pay and Classification Scale or modern award generally applicable to trainees; or
(ii) that maximum rate as varied or replaced from time to time by the Fair Work Commission;
that applied at the start of the period of employment; or
(d) for the purposes of Parts 2.11 and 2.11B, this Part and section 1070G--a period or periods of employment over a 14 month period since the person last left secondary school, earning the person at least the equivalent of 75% of:
(i) the maximum rate of pay under Wage Level A of a transitional Australian Pay and Classification Scale or modern award generally applicable to trainees; or
(ii) that maximum rate as varied or replaced from time to time by the Fair Work Commission;
that applied at the start of the period of employment.
(10A) For the purposes of determining whether a person is to be regarded as independent for the purposes of Part 2.11 or 2.11B, this Part or section 1070G:
(a) paragraph (10)(b) does not apply unless subsection (10E) applies to the person because of paragraph (10E)(d); and
(b) paragraph (10)(d) does not apply unless subsection (10E) applies to the person because of paragraph (10E)(e).
(10E) This subsection applies to a person if:
(a) the person's family home is:
(i) in a location categorised under the Remoteness Structure as Inner Regional Australia, Outer Regional Australia, Remote Australia or Very Remote Australia; or
(ii) on Norfolk Island; and
(b) the person is required to live away from home (see section 1067D); and
(c) the person is undertaking full - time study (see section 541B); and
(d) in relation to paragraph (10)(b)--the person's combined parental income (as defined in point 1067G - F10) for:
(i) the last tax year that ended before the start of the 2 years referred to in that paragraph; or
(ii) the appropriate tax year worked out under Submodule 3 of Module F of the Youth Allowance Rate Calculator in section 1067G;
is less than the threshold amount (see subsection (10K)) for the person for that tax year; and
(e) in relation to paragraph (10)(d)--the person's combined parental income (as defined in point 1067G - F10) for:
(i) the last tax year that ended before the start of the 14 - month period referred to in that paragraph; or
(ii) the appropriate tax year worked out under Submodule 3 of Module F of the Youth Allowance Rate Calculator in section 1067G;
is less than the threshold amount (see subsection (10K)) for the person for that tax year.
(10F) For the purposes of paragraph (10E)(a), Remoteness Structure means the Remoteness Structure described in:
(a) the document titled "Australian Statistical Geography Standard (ASGS): Volume 5 - Remoteness Structure, July 2011", published by the Australian Statistician and as amended from time to time; or
(b) any replacement document that is published by the Australian Statistician and that is in effect in accordance with subsection (10G); or
(c) any document that is determined by the Secretary in an instrument under subsection (10H) and that is in effect in accordance with subsection (10J).
(10G) If a replacement document mentioned in paragraph (10F)(b) is published by the Australian Statistician:
(a) the replacement document takes effect on the first 1 January or 1 July to occur after the day of that publication and then has effect as amended from time to time; and
(b) the document in effect immediately before that publication is taken to continue to have effect until the end of the day before that 1 January or 1 July.
(10H) The Secretary may, by notifiable instrument, determine a document for the purposes of paragraph (10F)(c). The Secretary may do so only if the Australian Statistician has notified the Secretary that the Australian Statistician will no longer be publishing replacement documents mentioned in paragraph (10F)(b).
(10J) A document determined in an instrument under subsection (10H) takes effect on the day specified in the determination and then has effect as amended from time to time.
(10K) For the purposes of paragraphs (10E)(d) and (e) and (14)(d), the threshold amount for the person (the primary person ) for a tax year is the sum of the following:
(a) $160,000;
(b) $10,000 for each person who is a related person (see subsection (10L)) of the primary person on:
(i) subject to subparagraph (ii)--30 June of that tax year; or
(ii) if that tax year is the tax year following the base tax year because of point 1067G - F7 or 1067G - F8--the day the request was made.
(10L) For the purposes of paragraph (10K)(b), a person (the first person ) is a related person of the primary person on a day if on that day:
(a) the first person is aged under 22; and
(b) a parent of the first person is also a parent of the primary person; and
(c) none of the following applies to the first person:
(i) the first person is living away from the home of each parent covered by paragraph (b) and the first person is a member of a YA couple under subsection 1067C(1);
(ii) the first person is living away from the home of each parent covered by paragraph (b) and the first person has a natural child, adoptive child or relationship child who is wholly or substantially dependent on the first person or the first person's partner (if any);
(iii) the first person is receiving youth allowance or disability support pension and the first person is independent under subsection (9);
(iv) the first person is in State care.
Note: For parent , see paragraph (b) of the definition of parent in subsection 5(1).
(10M) For the purposes of the application of paragraph (10)(a), (b) or (d) in relation to a person:
(a) if, for a week that falls wholly in the 2 - year period referred to in paragraph (10)(a) and wholly in the COVID - 19 concession period, the person was not in paid work consisting of full - time employment of at least 30 hours--the person is taken, for that week, to have been in paid work consisting of full - time employment of 30 hours; and
(b) if, for a week that falls wholly in the 2 - year period referred to in paragraph (10)(b) and wholly in the COVID - 19 concession period, the person was not in paid work consisting of part - time employment of at least 15 hours--the person is taken, for that week, to have been in paid work consisting of part - time employment of 15 hours; and
(c) if, for a week that falls wholly in the 14 - month period referred to in paragraph (10)(d) and wholly in the COVID - 19 concession period, the person was not in paid work consisting of employment that earnt the person at least the equivalent of 75% of the maximum rate applicable under that paragraph on 25 March 2020--the person is taken, for that week, to have been in paid work consisting of employment that earnt the person 75% of that maximum rate.
(10N) For the purposes of subsection (10M), the COVID - 19 concession period is the period:
(a) beginning on 25 March 2020; and
(b) ending at the end of 24 September 2020.
People who are disadvantaged
(11) A person is independent if the person:
(a) is at least 18 years old; and
(b) has had full - time employment of at least 30 hours per week for a period of at least 12 months, or for periods that total at least 12 months; and
(c) does not live at the home of either or both of his or her parents; and
(d) in the Secretary's opinion, is specially disadvantaged with respect to education or employment; and
(e) is not receiving financial support , whether directly or indirectly, from a parent of the person or from another person who is acting as the person's guardian on a long - term basis.
Note: For parent see section 5 (paragraph (a) of that definition).
People with a partial capacity to work
(12) A person is independent if the person:
(a) has turned 16; and
(b) has a partial capacity to work; and
(c) is not undertaking full - time study and is not a new apprentice.
Note 1: For partial capacity to work see section 16B.
Note 2: For undertaking full - time study see section 541B.
Note 3: For new apprentice see subsection 23(1).
Parents of relationship children
(13) If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975 , the other person and the third person are taken to be the person's only parents for the purposes of subsections (5), (6), (7), (8), (9) and (11).
Agricultural work
(14) A person is independent if:
(a) subparagraph 540(1)(a)(i) (about full time study) applies in relation to the person; and
(b) the person undertook qualifying agricultural work between 30 November 2020 and 31 December 2021; and
(c) the gross earnings of the person for that work are at least $15,000; and
(d) the person's combined parental income (as defined in point 1067G - F10) for the 2019 - 2020 tax year or 2018 - 2019 tax year is less than the threshold amount (see subsection (10K)) for the person for that tax year.
(15) For the purposes of this section, qualifying agricultural work is work of a kind determined in an instrument under subsection (16).
(16) The Secretary of the Department administered by the Minister administering the Social Security (International Agreements) Act 1999 may, by legislative instrument, determine kinds of work for the purposes of subsection (15).