SOCIAL SECURITY (INTERNATIONAL AGREEMENTS) ACT 1999

PART 2 - INTERNATIONAL SOCIAL SECURITY AGREEMENTS  

SECTION 10   PARENTING PAYMENT CLAIMED UNDER AGREEMENT  

10(1)   [Eligibility of parenting payment (para (d) not applied)]  

If:

(a) a scheduled international social security agreement authorises a person who is outside Australia to lodge a claim for parenting payment; and

(b) the person, while outside Australia, lodges a claim for parenting payment; and

(c) the person is not a member of a couple; and

(d) the person would qualify for parenting payment if the following provisions had not been enacted:

(i) paragraph 500(1)(b) or (c) of the Social Security Act 1991 ;

(ii) subparagraph 500(1)(d)(ii) of that Act;

(iii) subsection 5(21), (23) or (24) of that Act;

then:

(e) in determining whether the person is qualified for parenting payment, assume that the provisions referred to in paragraph (d) had not been enacted; and

(f) if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement.

10(2)   [Eligibility of parenting payment (subpara 500(1)(d)(ii) does not apply)]  

If:

(a) a person who is in Australia lodges a claim for parenting payment; and

(b) the person is not a member of a couple; and

(c) the person would qualify for parenting payment under a scheduled international social security agreement if subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted;

then:

(d) in determining whether the person is qualified for parenting payment, assume that subparagraph 500(1)(d)(ii) of the Social Security Act 1991 had not been enacted; and

(e) if parenting payment is payable to the person, it is taken to be payable to the person under the scheduled international social security agreement.