Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 1067A

Application

             (1)  This section applies to determine whether a person is to be regarded as independent for the purposes of this Part and Parts 2.11, 3.4A, 3.4B and 3.7. A person is not to be regarded as independent except as provided by this section.

Member of a YA couple

             (2)  A person is independent if the person is, or has been, a member of a YA couple (see section 1067C).

Person with a dependent child

             (3)  A person is independent if:

                     (a)  the person has a natural or adoptive child who is wholly or substantially dependent on the person or his or her partner; or

                     (b)  the person previously had a natural or adoptive child who was wholly or substantially dependent on the person or on a person who, at the time, was the person's partner.

Person aged 25 years or more

             (4)  A person is independent if the person is at least 25 years old. This age will be progressively reduced over time.

Orphan

             (5)  A person is independent if both of the person's parents are dead, whether or not the person is dependent, or was last dependent, on someone other than his or her parents.

If parents cannot exercise responsibilities

             (6)  A person is independent if both of the person's parents are (or, if the person has only one parent, that parent is):

                     (a)  serving a prison sentence; or

                     (b)  mentally incapacitated and likely to remain so incapacitated for an indefinite period; or

                     (c)  living in a nursing home and likely to remain there for an indefinite period; or

                     (d)  missing;

whether or not the person is dependent, or was last dependent, on someone other than a parent of the person.

Refugee

             (7)  A person is independent if the person:

                     (a)  is the holder, within the meaning of the Migration (1993) Regulations, of a Group 1.3 entry permit (permanent resident) (refugee and humanitarian); or

                     (b)  while the holder of such a permit, was granted Australian citizenship.

However, a person is not independent under this subsection if the person has a parent living in Australia, or is wholly or substantially dependent on someone else on a long‑term basis.

Person in State care

             (8)  A person is independent if the person is not living with a parent, and:

                     (a)  the person is in the guardianship, care or custody of a court, a Minister, or a Department, of the Commonwealth, a State or a Territory; or

                     (b)  there is a current direction from such a court, Minister or Department placing the person in the guardianship, care or custody of someone who is not the person's parent; or

                     (c)  the person stopped being in a situation described in paragraph (a) or (b) only because of his or her age.

A person to whom this subsection applies is taken, for the purposes of this Part to be in State care .

Unreasonable to live at home

             (9)  A person is independent if:

                     (a)  the person cannot live at the home of either or both of his or her parents:

                              (i)  because of extreme family breakdown or other similar exceptional circumstances; or

                             (ii)  because it would be unreasonable to expect the person to do so as there would be a serious risk to his or her physical or mental well‑being due to violence, sexual abuse or other similar unreasonable circumstances; or

                            (iii)  because the parent or parents are unable to provide the person with a suitable home owing to a lack of stable accommodation; and

                     (b)  the person is not receiving continuous support, whether directly or indirectly and whether financial or otherwise, from a parent of the person or from another person who is acting as the person's guardian on a long‑term basis; and

                     (c)  the person is not receiving, on a continuous basis, any payments in the nature of income support (other than a social security benefit) from the Commonwealth, a State or a Territory.

People who are self‑supporting

           (10)  A person is independent if the person has supported himself or herself through paid work consisting of:

                     (a)  full‑time employment of at least 30 hours per week for at least 18 months during any period of 2 years; or

                     (b)  part‑time employment of at least 15 hours per week for at least 2 years since the person last left secondary school; or

                     (c)  a period or periods of employment over an 18 month period since the person last left secondary school, earning the person at least the equivalent of 75% of:

                              (i)  the maximum rate of pay under Wage Level A of the Australian Pay and Classification Scale generally applicable to trainees; or

                             (ii)  that maximum rate as varied or replaced from time to time by the Australian Fair Pay Commission;

                            that applied at the start of the period of employment.

People who are disadvantaged

           (11)  A person is independent if the person:

                     (a)  is at least 18 years old; and

                     (b)  has had full‑time employment of at least 30 hours per week for a period of at least 12 months, or for periods that total at least 12 months; and

                     (c)  does not live at the home of either or both of his or her parents; and

                     (d)  in the Secretary's opinion, is specially disadvantaged with respect to education or employment; and

                     (e)  is not receiving financial support , whether directly or indirectly, from a parent of the person or from another person who is acting as the person's guardian on a long‑term basis.

Note:          For parent see section 5 (paragraph (a) of that definition).

People with a partial capacity to work

           (12)  A person is independent if the person:

                     (a)  has turned 16; and

                     (b)  has a partial capacity to work; and

                     (c)  is not undertaking full‑time study and is not a new apprentice.

Note 1:       For partial capacity to work see section 16B.

Note 2:       For undertaking full‑time study see section 541B.

Note 3:       For new apprentice see subsection 23(1).