Social Security Act 1964

  • repealed
  • Social Security Act 1964: repealed, on 26 November 2018, by section 455(1) of the Social Security Act 2018 (2018 No 32).
70B Entitlement to benefits in cases of shared custody

(1)

If the parents of a dependent child—

(a)

are living apart; and

(b)

are both beneficiaries; and

(c)

each has the primary responsibility for the care of that child for at least 40% of the time—

only the parent whom the chief executive is satisfied has the greater responsibility for the child shall be entitled to have that child taken into account by the chief executive in assessing that parent’s entitlement to a benefit and the rate of benefit payable at any one time.

(2)

In deciding which parent has the greater responsibility for the child, the chief executive shall have regard primarily to the periods the child is in the care of each parent and then to the following factors:

(a)

how the responsibility for decisions about the daily activities of the child is shared; and

(b)

who is responsible for taking the child to and from school and supervising that child’s leisure activities; and

(c)

how decisions about the education or health care of the child are made; and

(d)

the financial arrangements for the child’s material support; and

(e)

which parent pays for which expenses of the child.

(3)

If the chief executive is unable to ascertain that one parent has the greater responsibility for the child than the other, only the parent whom the chief executive ascertains was the principal caregiver in respect of the child immediately before the parents began living apart shall be entitled to have that child taken into account by the chief executive in assessing that parent’s entitlement to a benefit and the rate of benefit payable.

(4)

If the chief executive is unable to ascertain which of the parents has the greater responsibility for the child or which of them was the principal caregiver before the parents began living apart, the parents shall agree between themselves as to which of them shall be entitled to have that child taken into account by the chief executive in assessing entitlement to a benefit and the rate of benefit payable; and until the parents reach agreement the child shall not be taken into account in assessing the entitlement to a benefit of, or the rate of benefit payable to, either parent.

Section 70B: inserted, on 1 October 1991, by section 18(1) of the Social Security Amendment Act (No 2) 1991 (1991 No 78).

Section 70B(1): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 70B(2): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 70B(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 70B(4): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).