Social Welfare Consolidation Act 2005
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Definition of qualified child. [2003 (MP) s5(1)(c); 2005 (SW&P) s26 & Sch 4] |
188.—(1) In this Chapter “qualified child” means, in relation to a beneficiary, any child, not being a qualified adult, who is dependent on that beneficiary for support and— | |
(a) in the case of a beneficiary (other than a beneficiary referred to in paragraph (b)), is under the age of 18 years or is of or over the age of 18 years and is regarded as attending a course of study referred to in section 148 (3)(a), or | ||
(b) in the case of a beneficiary who has been in receipt of supplementary welfare allowance for not less than 26 weeks or, subject to the conditions and in the circumstances that may be prescribed, has been entitled to or has been in receipt of supplementary welfare allowance and a relevant payment for not less than 156 days— | ||
(i) is under the age of 18 years, or | ||
(ii) is of or over the age of 18 years and under the age of 22 years and is receiving full-time education, the circumstances of which shall be specified in regulations, or | ||
(iii) is of or over the age of 18 years and is regarded as attending a course of study referred to in section 148 (3)(a). | ||
| [2003 (MP) s5(1)(c)] |
(2) (a) Subject to paragraph (b) and notwithstanding subsection (1)(a), a person who attains the age of 18 years while attending a full-time day course of study, instruction or training at an institution of education, shall continue to be regarded as a qualified child for the purposes of subsection (1)(a) until the earlier of the next following 30 June or until he or she completes the full-time day course. | |
(b) For the purposes of paragraph (a), the Minister may prescribe the conditions subject to which a person shall be regarded as attending a full-time day course of study, instruction or training at an institution of education. | ||
(c) In this subsection “institution of education” has the meaning given to it by section 148 (2). |