Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) Subject to subsection (2), a person (the first person ) is a dependent child of another person if:
(a) the first person is wholly or substantially in the care of the other person; and
(b) the first person is less than 22; and
(c) an income support payment is not receivable in respect of the first person, other than youth allowance; and
(d) the first person does not have independent status.
(2) Subsection (1) does not apply if:
(a) the other person is the student; and
(b) ABSTUDY Pensioner Education Supplement is receivable in respect of the student; and
(c) the relevant ABSTUDY Pensioner Education Supplement qualifying payment is a pension or payment under the Veterans' Entitlements Act 1986 .
(3) If, at a particular time, paragraphs (2)(b) and (c) apply in relation to the student, a person is a dependent child of the student if:
(a) the person is wholly or substantially in the care of the student; and
(b) the person is less than 22; and
(c) an income support payment is not receivable in respect of the person, other than youth allowance; and
(d) the person is not a partner of the student; and
(e) if the person is less than 16:
(i) the person is in full-time education; or
(ii) the person is not in receipt of income (within the meaning of the Social Security Act 1991 ); or
(iii) the person is in receipt of income and the rate of that income does not exceed the amount mentioned in subsection 5(3)(c) of that Act per week; and
(f) if the person is at least 16--the person meets the requirement of paragraph 5(4)(b) of the Social Security Act 1991 at that time.
Note: Paragraph 5(4)(b) of the Social Security Act 1991 is an income test.