Page:Social Security Act 2018 (Version 56).pdf/40

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Part 2 s 33
Social Security Act 2018
2018 No 32

(b)if no parent is already receiving sole parent support in respect of any of the children, the parent who MSD considers was the principal caregiver in respect of the children immediately before the parents began living apart; or

(c)if neither parent was the principal caregiver in respect of the children before they began living apart, or MSD is unable to ascertain which parent was the principal caregiver in respect of the children immediately before they began living apart, the parent who is the principal caregiver in respect of the youngest child.

(3)This section does not apply if each parent has become the principal caregiver in respect of at least 1 child under 1 or more orders—

(a)made by a court of competent jurisdiction; and

(b)about the role of providing day-to-day care for children.

(4)In this section, child means a dependent child of the parents—

(a)born of their relationship; or

(b)adopted by the parents, or by 1 of the parents, during their relationship.

Compare: 1964 No 136 s 20C

33Expiry of sole parent support, and replacement with jobseeker support, when youngest dependent child turns 14 years old

(1)This section applies to a person (P) who is receiving sole parent support.

(2)On the date that the youngest dependent child in P’s care turns 14, P’s sole parent support expires and is replaced with jobseeker support that commences on that date and is taken to be granted to P as if P had applied for it.

(3)However, if MSD reasonably believes that on that date P would not meet the conditions of entitlement to jobseeker support,—

(a)P’s sole parent support expires but is not replaced under subsection (2) by jobseeker support; and

(b)MSD must instead invite P to apply for jobseeker support.

(4)Obligations or exemptions that apply to P immediately before the expiry of P’s sole parent support continue after that expiry in respect of the jobseeker support to which P is transferred under subsection (2) if those obligations or exemptions are any of the following:

(a)the obligation to work with contracted service providers:

(b)work-preparation obligations:

(c)social obligations of certain assistance recipients with dependent children:

(d)the obligation to undergo a work ability assessment:

(e)work-test obligations:

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