Customer or partner under the age of consent 106-07120060
Expand allPolicy
ABSTUDY
Links to the ABSTUDY Policy Manual go to pdf and docx documents. Select the document and go to the reference(s) below.
ABSTUDY Policy Manual – Refer to ‘partnered’ in the glossary
Social Security Guide
Social Security Guide, 2.2.5.20, Member of a couple - age of consent
Social Security Guide, 3.2.5.20, De facto relationships (YA & DSP)
Social Security Guide, 3.5.1.10, Qualification summary for PP
Social Security Guide, 5.1.4.20, PP - calculating a rate for PP - general
Social Security Guide, 5.1.4.30, Calculating a rate of PP - partnered
Social Security Guide, 5.1.8.10, Common pension rates
Social Security Guide, 5.1.8.20, Common benefit rates
Family assistance
Family Assistance Guide, 1.1.M.50, Member of a couple
Legislation
Links to the Federal Register of Legislation site go to a 'Series' page. Select the 'Latest' version.
- section 1068A(3), Rate of parenting payment-pension PP (single)
- section 4(2), Family relationships definitions-couples
Note: scroll to 'Member of a couple - general' (Subsection 2) to access the relevant information.
Subparagraph 4(2)(b)(iv) of the Social Security Act prevents a person who is in a member of a couple relationship from being regarded as a member of a couple where either party is under the age of consent under the law of the State or Territory in which they live. This restriction does not apply to persons who are legally partnered (married or registered relationship).
The different rate calculators state that if a person is a member of a couple and one or both are under the age of consent, their rate cannot exceed the partnered rate which has the effect of taking into account the partner income and asset tests.
A New Tax System (Family Assistance) Act 1999
- section 3 defines that member of a couple has the same meaning as in the Social Security Act 1991