1.1.F.60 Family member

Usage

The SSAct provides for 4 definitions of 'family member'.

Youth allowance

For the purposes of claims for YA, and the YA Calculator, a person is a family member of the relevant person if he or she is:

• a parent of the relevant person, or
• a dependent child under 16 years of age of a parent of the relevant person who is wholly or substantially dependent on the parent, or
• a child 16 years of age or over of the relevant person, who:
  • has not attained the maximum age for YA, and
  • is not independent (section 1067A), and
  • is not receiving one of the pensions, benefits or allowances set out in Module L of the YA Rate Calculator. Module L includes all benefits payable under the SSAct, and some services pensions payable under the Veterans' Entitlements Act.

Act reference: SSAct section 23(15) For the purposes of Part 2.11…, section 1067A When a person is regarded as independent (YA)

CA (adult)

For the purposes of CA (adult) see (1.1.F.70).

Matters other than YA

For all purposes of the SSAct other than for eligibility for or calculation of YA, or purposes of a QRE under section 7(6AA), or purposes of an exemption from the NARWP (3.1.2.70), a person is a family member of the relevant person if he or she is:

• the partner of the relevant person, or
• a parent of the relevant person, or
• a sibling of the relevant person, or
• a child of the relevant person, or
• any other person who, in the opinion of the Secretary, should be treated for the purposes of this definition as a partner, parent, sibling or child of the relevant person. This may cover situations such as stepchildren or foster children.

Note: The discretion in 23(14)(c) should be used only in respect of a family relationship that is similar to that of a partner, mother, father, brother, sister or child of the relevant person and is also such that it should be treated as such a relationship.

Act reference: SSAct section 23(14) For the purposes of this Act other than Part 2.11…

Family members for the purpose of a QRE (1.1.Q.35) under SSAct subsection 7(6AA)

SSAct paragraph 7(6AA)(b) provides that a person has a QRE for social security benefit (other than SpB), a pension, PPS, CP, MOB, a CSHC or a HCC if the person was a 'family member of a refugee, or former refugee, at the time the refugee or former refugee arrived in Australia'. The definition of family member in relation to SSAct subsection 7(6AA) is given in 7(6D).

The term family member has a restricted definition for the purposes of subsection 7(6AA). SSAct subsection 7(6D) provides that, for the purposes of subsection 7(6AA), the term family member is restricted to the following categories of people:

• a partner, or
• a dependent child, or
• another person who, in the opinion of the Secretary, should be treated for the purposes of this definition as a family member.

Family members for the purpose of exemption from the NARWP

A person may also be exempt from the NARWP if he or she falls within the scope of subsection 3(1) of the Social Security Legislation Amendment (Newly Arrived Residents Waiting Period and Other Measures) Act 1997 ('the Amending Act'). This Act in effect provides that family members of Australian citizens and long term permanent residents are exempt from the NARWP. Also, family members of refugees, or persons who WERE family members of refugees at the time the refugee entered Australia, are exempt from the NARWP.

The definition of family member for the purposes of the Amending Act is restricted to the definition of family member in SSAct subsection 7(6D). That is, it is restricted to the following categories of people:

• a partner, or
• a dependent child, or
• another person who, in the opinion of the Secretary, should be treated for the purposes of this definition as a family member.

Note: The discretion in 7(6D)(c) should be used only in respect of a family relationship that is similar to that of a partner or dependent child of the relevant person and is also such that it should be treated as such a relationship.

Act reference: SSAct section 23(14) For the purposes of this Act other than Part 2.11…

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Last reviewed: 4 February 2008