Commonwealth Consolidated Acts Commonwealth Consolidated ActsExceptions
(1) Despite section 22, an individual cannot be an FTB child of another individual (an adult ) in the cases set out in this table:
When the individual is not an FTB child of the adult at a particular time | ||
| If the individual is aged: | then the individual cannot be an FTB child of the adult if: |
1 | 5 or more and less than 16 | the adult is the individual's partner, or would be if the individual were over the age of consent applicable in the State or Territory in which the individual lives. |
2 | 16 or more | (b) the adult is the individual's partner; or (c) the individual, or someone on behalf of the individual, is, at the particular time, receiving payments under a prescribed educational scheme, unless subsection (2) applies to the individual. |
3 | any age | the individual, or someone on behalf of the individual, is, at the particular time, receiving: (a) a social security pension; or (b) a social security benefit; or (c) payments under a program included in the programs known as Labour Market Programs. |
Interaction with ABSTUDY
(2) This subsection applies to an individual if:
(a) the individual, or someone on behalf of the individual, is, at the particular time, receiving payments under the ABSTUDY scheme; and
(b) the payments are being paid on the basis that the individual:
(i) is undertaking full - time study at a secondary school (within the meaning of the Student Assistance Act 1973 ); and
(ii) is, in accordance with the ABSTUDY scheme, a student approved to live away from home; and
(iii) is boarding away from home for the purposes of attending the school.
Note: For undertaking full - time study , see subsection 3(1).