Social Welfare Consolidation Act 2005 section 296A

Normal residence of qualified child

Section 296A sets out the rules for determining which person or persons a qualified child is regarded as normally residing with, for the purposes of social welfare payments.

• A qualified child may be treated as normally residing with more than one person — including both parents in the same household, either parent in separate households, or a step-parent — and the Minister may make regulations to determine the applicable person(s).
• Where the parent with whom the child resides consents, the child may be treated as residing with another member of that household; and even where the child does not live with a parent, he or she may be regarded as residing with a parent who has custody and contributes substantially to the child's maintenance.
• If none of the specific rules apply, the child is regarded as residing with the head of the household of which the child is normally a member; and if a person abandons or fails to maintain the child, that person loses the "normal residence" status.
• Special provisions apply where the child is resident in an institution (residence follows the person contributing to maintenance costs), where a parent dies or parents are separated, and where a refugee declaration under the Refugee Act 1996 is in force (the child is deemed to reside with the household head).