Social Security Act 1991

A person is taken to be an accommodated independent person for the purposes of Part 2.11B and this Part if, and only if, the person:

is independent; and

lives at the home of either or both of his or her parents; and

is not, and has never been, a member of a YA couple (see section 1067C); and

does not have a natural child, adoptive child or relationship child who is wholly or substantially dependent on the person or his or her partner; and

has never had a natural child, adoptive child or relationship child who was wholly or substantially dependent on the person or on a person who, at the time, was the person’s partner; and

is not a person who:

qualified for the independent living allowance under the AUSTUDY scheme, as in force immediately before the commencement of Schedule 11 to the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998, only under AUSTUDY Regulation 68, as in force at that time; and

had not, at that time, turned 25.

For parent see section 5 (paragraph (a) of that definition).

If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of paragraph (1)(b).