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SOCIAL SECURITY (INTERNATIONAL AGREEMENTS) ACT 1999 - SECT 10

Parenting payment claimed under agreement

  (1)   If:

  (a)   a scheduled international social security agreement authorises a person who is outside Australia to lodge a claim for parenting payment; and

  (b)   the person, while outside Australia, lodges a claim for parenting payment; and

  (c)   the person is not a member of a couple; and

  (d)   the person would qualify for parenting payment if the following provisions had not been enacted:

  (i)   paragraph   500(1)(b) or (c) of the Social Security Act 1991 ;

  (ii)   subparagraph   500(1)(d)(ii) of that Act;

  (iii)   subsection   5(21), (23) or (24) of that Act;

then:

  (e)   in determining whether the person is qualified for parenting payment, assume that the provisions referred to in paragraph   (d) had not been enacted; and

  (f)   if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement.

  (2)   If:

  (a)   a person who is in Australia lodges a claim for parenting payment; and

  (b)   the person is not a member of a couple; and

  (c)   the person would qualify for parenting payment under a scheduled international social security agreement if subparagraph   500(1)(d)(ii) of the Social Security Act 1991 had not been enacted;

then:

  (d)   in determining whether the person is qualified for parenting payment, assume that subparagraph   500(1)(d)(ii) of the Social Security Act 1991 had not been enacted; and

  (e)   if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement.


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