Commonwealth Numbered Acts

SOCIAL SERVICES AMENDMENT ACT 1978 No. 128, 1978 - SECT 18

18. After section 83AAH of the Principal Act the following section is inserted
in Part IVAAA: Benefit not payable to 2 persons in respect of joint custody,
&c., of child
''83AAJ. (1) Notwithstanding any other provision of this Part, where 2 persons
have joint custody, and share care and control, of the same child, that
custody, care and control shall not be taken into account, for the purposes of
this Part, in relation to both of those persons.

''(2) Where the Director-General is satisfied that 2 persons have joint
custody, and share care and control, of the same child, the Director-General
shall, by writing signed by him, make a declaration accordingly.

''(3) Where a declaration is in force under sub-section (2), the custody, care
and control to which the declaration relates shall be taken into account, for
the purposes of this Part, in relation to one of the persons to whom the
declaration relates (in this sub-section referred to as 'the eligible person')
to the exclusion of the other in accordance with a direction given by the
Director-General, by writing signed by him, specifying the eligible person.

''(4) Where the Director-General gives a direction under sub-section (3), he
shall inform the persons whose rights to benefit are affected by the direction
accordingly.''.