Social Security (Administration) Act 1999

The Secretary may, by writing, determine that a person is an exempt welfare payment recipient at a particular time (the test time) if:

at the test time, the person is the principal carer of a child who is a school age child or younger; and

in relation to each child who is a school age child—the Secretary is satisfied that:

at the test time, the child is enrolled at a school, and, in each of the 2 school terms ending immediately before that time, the child has had no more than 5 absences for reasons that are not satisfactory to a person responsible for the operation of the school; or

at the test time, the child is enrolled at a school, and, in each of the 2 school terms ending immediately before that time, the child has had more than 5 absences for reasons that are not satisfactory to a person responsible for the operation of the school but the person is taking reasonable steps to ensure that the child attends school as required by the law of the State or Territory concerned; or

at the test time, the child is covered by a schooling arrangement that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at, or attend, a school (for example, the child is home‑schooled), and the child’s schooling is progressing satisfactorily; or

at the test time, the child is participating in an activity specified in an instrument made by the Minister under subsection (2); and

in relation to each other child—the Secretary is satisfied that, at the test time, the person or the child is participating in the required number and kind of activities specified in an instrument made by the Minister under subsection (3); and

the Secretary is satisfied that there were no indications of financial vulnerability in relation to the person during the 12‑month period ending immediately before the test time.

In deciding whether he or she is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with decision‑making principles: see subsection (5).

The Minister may, by legislative instrument, specify activities for the purpose of subparagraph (1)(b)(iii).

The Minister must, by legislative instrument, specify the number and kind of activities that a person, or the person’s child (other than a school age child), may participate in for the purposes of paragraph (1)(c).

The activities that may be specified under subsection (3) may relate to a child’s intellectual, physical or social development.

In deciding whether he or she is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with any decision‑making principles set out in a legislative instrument made by the Minister for the purposes of this subsection.

A determination made by the Secretary under subsection (1) is not a legislative instrument.

In this section: