Commonwealth Consolidated Acts

SOCIAL SECURITY (INTERNATIONAL AGREEMENTS) ACT 1999 - SECT 10

             (1)  If:

                     (a)  a scheduled international social security agreement authorises a person who is outside Australia to lodge a claim for parenting payment; and

                     (b)  the person, while outside Australia , lodges a claim for parenting payment; and

                     (c)  the person is not a member of a couple; and

                     (d)  the person would qualify for parenting payment if the following provisions had not been enacted :

                              (i)  paragraph 500(1)(b) or (c) of the Social Security Act 1991 ;

                             (ii)  subparagraph 500(1)(d)(ii) of that Act;

                            (iii)  subsection 5(21), (23) or (24) of that Act;

then:

                     (e)  in determining whether the person is qualified for parenting payment, assume that the provisions referred to in paragraph (d) had not been enacted; and

                      (f)  if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement.

             (2)  If:

                     (a)  a person who is in Australia lodges a claim for parenting payment; and

                     (b)  the person is not a member of a couple; and

                     (c)  the person would qualify for parenting payment under a scheduled international social security agreement if subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted ;

then:

                     (d)  in determining whether the person is qualified for parenting payment, assume that subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted; and

                     (e)  if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement.