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SOCIAL SECURITY ACT 1991 - SECT 993 Double orphan--not refugee

SOCIAL SECURITY ACT 1991 - SECT 993

Double orphan--not refugee

  (1)   A young person is a double orphan if:

  (a)   the young person is not a refugee child; and

  (b)   each parent of the young person is dead.

Note 1:   For young person and parent see section   5.

Note 2:   For refugee child see section   995.

Note 3:   If the young person does not qualify as a double orphan under this subsection, and the young person is a refugee child, the young person may qualify as a double orphan under section   994.

  (2)   A young person is a double orphan if:

  (a)   the young person is not a refugee child; and

  (b)   one parent of the young person is dead; and

  (c)   the other parent of the young person is:

  (i)   a long - term prisoner; or

  (ii)   a mental hospital patient on a long - term basis; or

  (iii)   in residential care on a long - term basis; or

  (iv)   uncontactable.

Note 1:   For young person and parent see section   5.

Note 2:   For refugee child see section   995.

Note 3:   For long - term prisoner see section   996.

Note 4:   For mental hospital patient on a long - term basis , see subsection   997(1).

Note 4A:   For in residential care on a long - term basis , see subsection   997(2).

Note 5:   For uncontactable see section   998.

  (3)   If a young person (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975 , the person and the other person are taken to be the young person's only parents for the purposes of this section.

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