SOCIAL SECURITY ACT 1991 - SECT 1067D Person required to live away from home

SOCIAL SECURITY ACT 1991 - SECT 1067D

When a person is taken to be required to live away from home

  (1)   A person is taken to be required to live away from home for the purposes of Part   2.11B and this Part   if, and only if:

  (a)   the person is not independent; and

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

  (c)   the Secretary determines that:

  (i)   the person needs to live away from home for the purpose of education, training, searching for employment or doing anything else in preparation for getting employment; or

  (ii)   the likelihood of the person's getting employment will be significantly increased if the person lives away from home; or

  (iii)   the person needs to live away from home because the person is a new apprentice.

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

Matters to which Secretary is to have regard

  (3)   In making a determination under subparagraph   (1)(c)(ii), the Secretary is to have regard to:

  (a)   the overall employment prospects for young people in the areas where the home is situated and in the area where the person is living; and

  (b)   matters relating to the person that would affect the likelihood of the person's getting employment in those areas.

Parents of relationship children

  (4)   If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975 , the other person and the third person are taken to be the person's only parents for the purposes of paragraph   (1)(b).