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36.6.5 Treatment of income support payments

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Full rate income support payments

Receipt of the following full-rate income support payments would generally exclude a prescribed person or prescribed child from being regarded as wholly or mainly dependent on the client:

  • a social security pension (e.g. age pension, disability support pension, parenting payment (single), carer payment)
  • service pension
  • a social security income support payment paid at adult rates (e.g. JobSeeker payment, austudy payment, special benefit, mature age allowance)
  • a disability pension from the Department of Veterans' Affairs at or above the General Rate (i.e. including extreme disablement adjustment, intermediate rate and special TPI rate)
  • AUSTUDY (independent rate)
  • ABSTUDY (independent rate)
  • Youth allowance (independent rate, special rate, or rate with dependent child).

 

On the facts of the individual case, the person may in some cases continue to be partly dependent on the client for the purpose of death benefits under S17.

Youth or part rate payments

Receipt of the following payments would generally prevent a prescribed person or prescribed child from being regarded as wholly or mainly dependent on the client:

  • youth allowance (away from home rate)
  • special benefit (equivalent youth rate)
  • youth training allowance (before 30/6/98)
  • newstart allowance (under 21 rate) (before 30/6/98)
  • tertiary AUSTUDY (standard or away-from-home rate) (before 30/6/98).

 

In such cases, however, the person would generally be partly dependent on the client for the purposes of death benefits under S17.

Social security and other payments not affecting dependency

Receipt of the following payments alone generally would not prevent a prescribed person or prescribed child from being treated as wholly or mainly dependent on the client:

  • parenting payment (partnered)
  • maternity allowance
  • maternity immunisation allowance
  • family tax benefit Part B
  • family tax payment (before 1/7/00)
  • mobility allowance
  • disability pension from the Department of Veterans' Affairs at below General Rate
  • youth allowance (at home rate)
  • secondary AUSTUDY (standard rate)
  • ABSTUDY (under 18, at home rate)
  • crisis payment
  • child care benefit.

 

Note that family tax payment (Part A rate), carer allowance and double orphan pension are to be disregarded (S4(7)).

References
Minimum Payment and Statutory Rates – S19(6)-(14): Chapter 36
  • Concise Oxford Dictionary
  • LIPS vol 1, 6.7.1 : 'place of education'
  • ATO Ruling ST(NS) 3003 : 'School'
  • A New Tax System (Family Assistance) Act 1999
  • Acts Interpretation Act 1901
  • Calculating periods of time
  • References to de facto partners
  • Registered relationships
  • De facto relationships
  • Marriage Act 1961 : Legal marriages
  • Social Security Act 1991
  • Social Security Act 1991, S1067L-E2 : Austudy Income Bank amount
  • Student Assistance Act 1973
  • Veterans' Entitlements Act 1986
  • Harradine v SDSS (1989) (FFC) 10 AAR 412; 17 ALD 336 : 'full-time education'
  • Lynam v Director-General of Social Security (1983) 1 AAR 197; 6 ALN N28 : De facto spouse
  • Re Tang and Director-General of Social Services (1981) 3 ALN N83 : Defacto spouse
  • Re Vang and SDEET (AAT 8583, 24/2/93) : Age unknown
  • COA 99/004 : Indexation benefits from 1 July 1999
  • Comcare JPA 2002/02 : Indexation of Benefits from 1 July 2002
  • Comcare JPA 2001/01 : Indexation of Benefits from 1 July 2001
  • Comcare JPA 2000/03 : Indexation of benefits from 1 July 2000
  • Comcare Operations Manual vol.10, pt.3 : Prescribed person
  • Comcare Operations Manual vol.10, pt.3 : Dependent
  • Comcare Operations Manual vol.10, pt.3 : Wholly or mainly dependent children
  • Comcare Operations Manual vol.10, pt.3 : Prescribed children