The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.M.10 Main supporter of a secondary pupil child (PP, JSP, YA, SpB)

Definition

This topic sets out the definition of main supporter. The definition of main supporter applies across all relevant income support payments: JSP, PP, YA and SpB.

A person is considered the main supporter of a child if the child is a secondary pupil child of that person (1.1.S.66).

Note: The following paragraphs identify SSAct sections that determine whether a person is a principal carer of a child. SSAct subsection 5G(2) specifies that subsections 5(18) to (22) and subsection 5(24) apply for the purposes of determining whether a person is the main supporter of a secondary pupil child in the same way they apply for the purposes of determining if a person is the principal carer of a child.

Note: Only one person at a time can be the main supporter of a particular secondary pupil child. In all shared support situations, it is necessary to determine which of the supporters the main supporter is. Main supporter determination must be made in writing, specifying who the principal carer is and a copy of the determination must be given each person.

Act reference: SSAct section 5G Main supporter of secondary pupil child, section 5F Secondary pupil child, section 5(18) Only one person at a time can be the principal carer of a particular child, section 5(19) If the Secretary is satisfied that …

Policy reference: SS Guide 1.1.S.66 Secondary pupil child, 1.1.P.416 Principal carer - shared care

Main supporter of a secondary pupil child - shared care

If the support of a secondary pupil child is being shared by 2 people and only one of them has legal responsibility for the day-to-day care, welfare and development of the child, and the child is in the adult's care, only that person is the main supporter.

Main supporter status & legal responsibility

If 2 or more people have responsibility for the day-to-day care, welfare and development of the secondary pupil child then the person with the greater degree of care and control of the secondary pupil child is generally the main supporter of that secondary pupil child. If the secondary pupil child is not in the care of the person/s who has legal responsibility for their day-to-day care, welfare and development, then the main supporter of the secondary pupil child is the person with whom the secondary pupil child is living, and on whom they are wholly or substantially dependent. If the secondary pupil child can be regarded as the dependent of more than one person in this latter circumstance the main supporter is generally the person who has the greater degree of responsibility for the secondary pupil child's day-to-day care, welfare and development.

Member of a couple

In cases where individuals are a member of a couple only one person can be eligible for main supporter status.

Example: Rhiannon and Kate are in a registered relationship and have 2 secondary pupil children, Lucas and Clare. Both Rhiannon and Kate are eligible for income support, however, only one of them can be regarded as the main supporter of both Lucas and Clare.

If both members of a couple could be assessed as being the main supporter and neither agrees to surrender claim for that status:

  • a written determination must specify the person who has been determined as the main supporter, and
  • a copy of the determination must be given to both members of the couple.

Act reference: SSAct section 5(20A) to section 5(20D) Principal carer—which member of a couple can be principal carer

Secondary pupil child-related residence qualification - absences from Australia

The following table explains when a person is the main supporter of a secondary pupil child, and hence where the secondary pupil child can be regarded as a secondary pupil child.

If the secondary pupil child … then the secondary pupil child …
  • leaves Australia temporarily, AND
  • continues to be absent for MORE THAN 6 weeks, AND
  • is NOT in the company of a person who is the main supporter of that secondary pupil child
 CANNOT be a secondary pupil child at any time after the 6 weeks, while they remain outside Australia.

Example: Jack is a secondary pupil child of Jill. Jack goes overseas on a student exchange programme for 20 weeks, whilst Jill remains in Australia. Jill loses her main supporter status after 6 weeks elapses. When Jack returns to Australia, Jill is eligible to be considered Jack's main supporter once more, subject to meeting the usual criteria.
  • is not a secondary pupil child because:

    • of a temporary absence of more that 6 weeks, or
    • this provision has been applied previously, AND
  • the child returns to Australia, but leaves again within 6 weeks of last arriving in Australia
 CANNOT be a secondary pupil child during the entire period of the subsequent overseas absence.

Example: Jack is the secondary pupil child of Jill. Five weeks after returning from his 20 week exchange program Jack goes on a 4-week study tour overseas. Jill is not a main supporter during this 4-week period, because Jack has left Australia within 6 weeks of last arriving in Australia.

Act reference: SSAct section 5(21) Principal carer-child absent from Australia, section 5(23) to (24) If a child: (a) is born outside Australia …, 5G(2) Subsections 5(18) to (22) (inclusive) …

Policy reference: SS Guide 7.1 Conditions for payment outside Australia, 7.1.2.20 Application of portability rules (portability table), 7.2 Arrangements for payment outside Australia

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