Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 731H

             (1)  A person is taken to satisfy the activity test in respect of a period when the person has at least one child who:

                     (a)  is a dependent child of the person within the meaning of subsection 5(2) as qualified by subsections 5(3) and (6); and

                     (b)  has not turned 6; and

                     (c)  is in Australia.

             (2)   For the purposes of subsection (1), a child can be a dependent child of only one person at a time.

             (3)   If the Secretary is satisfied that, but for subsection (2), a child would be a dependent child of 2 or more persons ( adults ), the Secretary must determine in relation to which of those adults the child is a dependent child.