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Incapacity Handbook
36.2 Prescribed Person - Ss19(8),(12),(13),(14)
- 36.2.1 Categorisation of 'prescribed persons'
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The categories of 'prescribed persons' can be summarised as follows:
- a spouse of the client, including a de-facto spouse of the same sex or a different sex, a person in a prescribed registered relationship with the client and living with the client and a spouse by Aboriginal or Torres Strait Islander custom (S19(12)(a))
- a person (16 years or older) who has a specified blood or marriage relationship with the client (S19(12)(b)(i)). This includes a relationship arising from adoption or illegitimacy (S19(13))
- a person (16 years or older) who stands in the position of a parent or a child to the client (S19(12)(b)(ii)).
- a person (16 years or older) who is wholly or mainly maintained by the client and who cares for a dependent child of the client (S19(12)(b)(iii)).
A child under 16 cannot be a 'prescribed person'. However, a young person aged between 16 and 24 (inclusive) may, in some circumstances, be both a 'prescribed child' and a 'prescribed person'. In such a case, for the purpose of calculating statutory rates, the person/child will only be counted once.