Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 229, 1992 - SECT 131

131. Section 249 of the Principal Act is amended:

   (a)  by omitting from subsection (1) "A" and substituting "Subject to
        subsection (1A), a";

   (b)  by inserting after subsection (1) the following subsections:

"(1A) A person is not qualified for sole parent pension if:

   (a)  the person is living with a person of the opposite sex (the
        'partner'); and

   (b)  the relationship between the person and the partner is, in the
        Secretary's opinion, a marriage-like relationship; and

   (c)  either the person or the partner is under the age of consent
        applicable in the State or Territory in which they live. Note:
        subparagraph 4(2)(b)(iv) provides that a person cannot be a member of
        a couple if the person or the person's partner is under the age of
        consent. Subsection 249(1A) is necessary to prevent such a person from
        being qualified for sole parent pension.

"(1B) In forming an opinion for the purposes of paragraph (1A)(b), the
Secretary is to have regard to all the circumstances of the relationship,
including, in particular, the matters referred to in paragraphs 4(3)(a) to
(e).".