Social Security (Participation Exemption – Parenting Order) (FaCSIA) Instrument 2007 (Cth)

Social Security (Participation Exemption – Parenting Order) (FaCSIA) Instrument 2007

Social Security Act 1991

I, Dr JEFFERY ALLAN HARMER, Secretary of the Department of Families, Community Services and Indigenous Affairs, make this Instrument under subsection 731DB(5) of the Social Security Act 1991.

Dated   15^th February   2007

J Harmer

Secretary

Department of Families, Community Services and Indigenous Affairs

1. Name of Instrument

This Instrument is the Social Security (Participation Exemption – Parenting Order) (FaCSIA) Instrument 2007.

2              Commencement

This Instrument commences on the day after the date of registration.

1. Definitions

In this Instrument:

Aboriginal person means a member of the Aboriginal race of Australia, and includes a descendant of the indigenous inhabitants of the Torres Strait Islands.

Actmeans the Social Security Act 1991.

parentin relation to a person (the first person) means the natural parent, adoptive parent or step-parent of the first person.

parenting order means a parenting order made by a court exercising jurisdiction under the Family Law Act 1975 and includes parenting orders made by state family courts established under section 41 of the Family Law Act 1975.

Note: To avoid doubt, parenting order does not include parenting plans made under Division 4, Part VII of the Family Law Act 1975.

principal carer in relation to a child has the same meaning given by subsections 5(15) to 5(24) of the Act.

relative in relation to a person (the first person) means:

(a)any person to whom the first person is or has been related by blood, adoption or marriage;

(b)if the first person is an Aboriginal person who has traditional Aboriginal kinship ties, any person held to be related to the first person according to Aboriginal kinship rules; and

(c)if the first person is a member of a community that accepts relationships other than those referred to in paragraphs (a) or (b) as kinship ties, any person held to be related to the first person by that community.

1. Specification of classes of persons

(1) For the purposes of subsection 731DB(5) of the Act, determinations under section 731DB of the Act may be made in respect of a person included in the class of persons set out in subsection 4(2) of this instrument.

(2)    The class of persons is any person:

(a)    with whom a child is living in accordance with a parenting order; and

(b)   who is complying with the terms of that parenting order; and

(c)    who is a relative (other than a parent) of that child; and

(d)   who is the principal carer of that child or any other child.