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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 but for the operation of:

(i)
paragraph 500(1)(b) or (c) of the Social Security Act 1991 ; or
(ii)
subparagraph 500(1)(d)(ii) of that Act to the extent that it requires a person to have been in Australia for the period specified in the subparagraph; or
(iii)
section 500F, 500G or 500H of that Act;
then:

(e)
the provisions referred to in paragraph (d) do not apply to the person; 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 but for the operation of subparagraph 500(1)(d)(ii) of the Social Security Act 1991 to the extent it requires a person to have been in Australia for the period specified in the subparagraph;

then:

(d)
that requirement of subparagraph 500(1)(d)(ii) does not apply to the person; 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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