Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Subject to subsection (3), each of the following is a parent of a student in respect of whom an amount is receivable under the ABSTUDY Scheme:
(a) a natural, adoptive or relationship parent of the student with whom the student normally lives;
(b) a person (other than a partner of the student) on whom the student is wholly or substantially dependent;
(c) if there is no person to whom paragraph (a) or (b) applies--a natural, adoptive or relationship parent of the student with whom the student last lived.
(2) Subject to subsection (3), each of the following is a parent of a student in respect of whom an amount is receivable under the Assistance for Isolated Children Scheme:
(a) a natural, adoptive or relationship parent of the student with whom the student normally lives;
(b) a legal guardian of the student;
(c) any other adult:
(i) on whom the student is wholly or substantially dependent; and
(ii) who does not reside at a boarding institution.
(3) If:
(a) under subsection (1) or (2), 2 or more persons would be parents of a student; and
(b) those persons are not all partners of each other;
the parent of the student is:
(c) whichever of those persons has primary care responsibility for the student; or
(d) if 2 or more of those persons have primary care responsibility for the student and are not partners of each other--whichever of those persons to whom an amount is receivable in respect of the student under the relevant scheme.
Partners of parents
(4) If:
(a) a person is a parent of a student under subsections (1) to (3); and
(b) the person has a partner; and
(c) the student normally lives with the partner;
the partner is also a parent of the student.