1.1.F.60 Family member

Usage

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

Carer allowance (adult)

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

Matters other than YA, NARWP or QRP exemption

For all purposes of the SSAct other than for eligibility for or calculation of YA or an exemption from the NARWP (3.1.2.43) or the QRP (3.5.1.70), a person is a family member of the relevant person if he or she is:

• the partner of the relevant person
• a parent of the relevant person
• a sibling of the relevant person
• 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 SSAct section 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.

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
• 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
  • is not independent, 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 VEA.

Family members for the purpose of exemption from the NARWP or QRP

A person may be exempt from the NARWP, or the QRP for PP, if they are a 'family member of a refugee (see 3.1.2.43 for details of this exemption).

For the purposes of the NARWP ‘family member’ includes the following categories of people in accordance with SSAct subsection 7(6D):

1. a partner
2. a dependent child, or
3. another person who, in the opinion of the Secretary (or their delegate), should be treated for the purposes of this definition as a family member.

Note: The discretion in the SSAct subsection 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.