Social Security Act 1991

A person is taken to be required to live away from home for the purposes of Part 2.11B and this Part if, and only if:

the person is not independent; and

the person does not live at the home of either or both his or her parents; and

the Secretary determines that:

the person needs to live away from home for the purpose of education, training, searching for employment or doing anything else in preparation for getting employment; or

the likelihood of the person’s getting employment will be significantly increased if the person lives away from home; or

the person needs to live away from home because the person is a new apprentice.

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

In making a determination under subparagraph (1)(c)(ii), the Secretary is to have regard to:

the overall employment prospects for young people in the areas where the home is situated and in the area where the person is living; and

matters relating to the person that would affect the likelihood of the person’s getting employment in those areas.

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).