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SOCIAL SECURITY ACT 1991 - SECT 1061ZO

Qualification

  (1)   A person is qualified for a health care card on a day if this section applies to the person on that day.

  (2)   This section applies to a person on a day if, on that day:

  (a)   in the case of a child--the person is:

  (i)   an Australian resident or a special category visa holder residing in Australia; or

  (ii)   living in Australia with an Australian resident or with a special category visa holder residing in Australia; and

  (b)   in the case of a person other than a child--the person is:

  (i)   an Australian resident or a special category visa holder residing in Australia; and

  (ii)   in Australia; and

  (c)   the person is neither an FTB child, nor a regular care child, aged over 16 years; and

  (d)   the person satisfies the health care card income test.

Note:   If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 6 weeks (see Division   4).

  (3)   This section applies to a person on a day if, on that day, the person:

  (a)   is an Australian resident or a special category visa holder residing in Australia; and

  (b)   is in Australia; and

  (c)   is an FTB child, or a regular care child, who is 16 or more, but not yet 19, years of age; and

  (d)   is not undertaking secondary studies; and

  (e)   satisfies the health care card income test.

Note:   If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 6 weeks (see Division   4).

  (4)   This section applies to a person on a day if, on that day, the person:

  (a)   is an Australian resident or a special category visa holder residing in Australia; and

  (b)   is in Australia; and

  (c)   is an FTB child, or a regular care child, who is 19 or more years of age; and

  (d)   satisfies the health care card income test.

Note:   If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 6 weeks (see Division   4).

  (5)   This section applies to a child on a day if:

  (a)   on that day, the child is in foster care; and

  (b)   the child is living in Australia with an Australian resident or with a special category visa holder residing in Australia.

  (7)   The Minister may, by legislative instrument, declare that a person who:

  (a)   is included in a specified class of persons; and

  (b)   is, or has been, in Australia in specified circumstances;

is a person to whom this section applies.

  (8)   The circumstances that may be specified in a declaration under subsection   (7) include circumstances that existed or exist at any time before or after the making of the declaration.

  (9)   This section applies to a person on a day if:

  (a)   on that day, the person:

  (i)   is aged at least 16 and has not turned 26; and

  (ii)   is a full - time student; and

  (iii)   is an Australian resident; and

  (iv)   is living in Australia; and

  (b)   on the day before the person turned 16:

  (i)   another person was qualified under Part   2.19 for carer allowance for the person; or

  (ii)   subsection   1061ZK(3) applied to the person; and

  (c)   on the day before the person turned 16, the person was qualified for, and held, a health care card.

Note:   For Australian resident see subsection   7(2).



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