Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1983 No. 69, 1983 - SECT 19

19. (1) Section 83AAC of the Principal Act is amended-

   (a)  by omitting sub-section (1) and substituting the following
        sub-section:

''(1) Subject to this Part, a person who is a supporting parent in relation to
a child is qualified to receive a benefit if the supporting parent is residing
in, and is physically present in, Australia on the day on which the supporting
parent lodges a claim for the benefit and at least one of the following
conditions applies in relation to the supporting parent:

   (a)  if the supporting parent is a parent of the child-the child was born
        while the supporting parent was residing in Australia;

   (b)  if the child is an adopted child-the child was adopted by the
        supporting parent while the supporting parent was residing in
        Australia;

   (c)  if the supporting parent is not a parent of the child and the
        supporting parent obtained custody of the child otherwise than by the
        adoption of the child-the supporting parent was residing in Australia
        when the supporting parent obtained custody of the child;

   (d)  if the supporting parent is legally married to another person and the
        supporting parent and that other person are estranged-the supporting
        parent was residing in Australia immediately before the estrangement;

   (e)  if the supporting parent is unable to live together with the spouse of
        the person in a matrimonial home by reason of the illness or infirmity
        of the spouse-the supporting parent was residing in Australia at the
        commencement of that inability;

   (f)  if the supporting parent has ceased to live with another person of the
        opposite sex as the spouse of that other person on a bona fide
        domestic basis although not legally married to that other person-the
        supporting parent was residing in Australia immediately before the
        supporting parent so ceased;

   (g)  if the supporting parent is an unmarried person by virtue of paragraph
        (b) of the definition of 'unmarried person' in sub-section 83AAA
        (1)-the supporting parent was residing in Australia at the time when
        the supporting parent so became an unmarried person;

   (h)  the supporting parent has been continuously resident in Australia for
        a period of not less than 5 years immediately preceding the day on
        which the claim for the benefit was lodged;

   (j)  the supporting parent has, at any time, been continuously resident in
        Australia for a period of not less than 10 years.''; and

   (b)  by omitting from sub-section (2) ''paragraph (1) (a), (b), (c), (d) or
        (e)'' and substituting ''any of the paragraphs of sub-section (1)''.

(2) The amendments made by sub-section (1) apply, insofar as they affect
instalments of supporting parent's benefit under Part IVAAA of the Social
Security Act 1947, in relation to each instalment of benefit that falls due on
or after 1 December 1983.

(3) Where-

   (a)  paragraph 83AAC (1) (b), (c) or (e) of the Social Security Act 1947
applies in relation to a person;

   (b)  the person becomes qualified to receive a supporting parent's benefit
        under that Act on or after 1 December 1983 and before 1 March 1984;
        and

   (c)  the person makes a claim for the supporting parent's benefit after the
        person became qualified to receive the benefit but before 1 March
        1984,
the Director-General may determine that the claim shall be taken, for the
purposes of that Act, to have been lodged on the day on which the person
became so qualified.