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SOCIAL SECURITY ACT 1991 - SECT 500

Qualification for parenting payment

  (1)   A person is qualified for parenting payment if:

  (a)   the person has at least one PP child (see section   500D); and

  (b)   the person is an Australian resident; and

  (c)   in a case where the person is not a member of a couple and does not have at least one PP child who has not turned 6--the person satisfies subsection   (2A); and

  (ca)   in a case where the person is in a class of persons specified by legislative instrument under subsection   (2)--the person satisfies subsection   (2B); and

  (d)   at least one of the following conditions is satisfied:

  (i)   the person is not a member of a couple and the person was not a lone parent at the start of the person's current period as an Australian resident;

  (ii)   the person has, at any time, been in Australia for a period of, or periods adding up to, at least 104 weeks during a continuous period throughout which the person was an Australian resident;

  (iii)   the person has a qualifying residence exemption for parenting payment;

  (iv)   the person satisfies subsection   (3).

Note 1:   For Australian resident , see section   7. For qualifying residence exemption in relation to parenting payment, see subsection   7(6) and paragraph   7(6AA)(f).

Note 2:   If a person is claiming parenting payment under a scheduled international social security agreement, the requirements of this subsection could be modified by section   10 of the Social Security (International Agreements) Act 1999 .

Note 3:   For lone parent and current period as an Australian resident see subsection   23(1).

Note 4:   A person receiving parenting payment, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part   2.13.

  (2)   For the purposes of paragraph   (1)(ca), the Minister may, by legislative instrument, specify a class of persons.

  (2A)   A person satisfies this subsection if:

  (a)   the following apply:

  (i)   the person satisfies the employment pathway plan requirements;

  (ii)   the person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; or

  (b)   the following apply:

  (i)   the person is, under Subdivision C of Division   2A of Part   3 of the Administration Act, not required to satisfy the employment pathway plan requirements;

  (ii)   the person satisfies the Employment Secretary that the person would otherwise be willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person.

Note 1:   For satisfies the employment pathway plan requirements , see subsection   23(1).

Note 2:   See Division   2B of Part   3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person.

  (2B)   A person satisfies this subsection if:

  (a)   the following apply:

  (i)   the person satisfies the employment pathway plan requirements;

  (ii)   if required by the Employment Secretary, the person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; or

  (b)   the following apply:

  (i)   the person is, under Subdivision C of Division   2A of Part   3 of the Administration Act, not required to satisfy the employment pathway plan requirements;

  (ii)   if required by the Employment Secretary, the person satisfies the Employment Secretary that the person would otherwise be willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person.

Note 1:   For satisfies the employment pathway plan requirements , see subsection   23(1).

Note 2:   See Division   2B of Part   3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person.

  (3)   A person satisfies this subsection if the following apply:

  (a)   before the person made the claim for parenting payment, the person was a family member of another person at the time the other person became a refugee;

  (b)   the person is a family member of that other person at the time the person made the claim for parenting payment or, if that other person has died, the person was a family member of that other person immediately before that other person died.

  (4)   For the purposes of subsection   (3):

  (a)   family member has the meaning given by subsection   7(6D); and

  (b)   refugee has the meaning given by subsection   7(6B).


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