Section 1010 — Social Security Act 1991: Rate of double orphan pension

(1) Subject to subsections (1A) to (3A), the rate of double orphan pension is a daily rate calculated by dividing $37.90 by 14. (1A) If a person who is qualified for double orphan pension for a child has, under section 59 of the Family Assistance Act, a shared care percentage for the child, the rate of double orphan pension under subsection (1) is the person’s shared care percentage of the rate of double orphan pension that would otherwise apply under that subsection to the child. Children who became double orphans before 1 July 2000 (2) If: (a) a child became a double orphan before 1 July 2000; and (b) the person who is qualified for double orphan pension for the child does not, under section 59 of the Family Assistance Act, have a shared care percentage for the child; and (c) the current family tax benefit rate in respect of the child is less than the prior family allowance rate in respect of the child; then the rate calculated under subsection (1) in relation to the child is increased by an amount equal to the difference between the prior family allowance rate and the current family tax benefit rate. (2A) If: (a) a child became a double orphan before 1 July 2000; and (b) the person who is qualified for double orphan pension for the child has, under section 59 of the Family Assistance Act, a shared care percentage for the child; and (c) the current family tax benefit rate in respect of the child is less than the shared care percentage of the prior family allowance rate in respect of the child; then the rate calculated under subsections (1) and (1A) in relation to the child is increased by an amount equal to the difference between: (d) the person’s shared care percentage of the prior family allowance rate; and (e) the current family tax benefit rate. Children who become double orphans on or after 1 July 2000 (3) If: (a) a child becomes a double orphan on or after 1 July 2000; and (b) the person who is qualified for double orphan pension for the child does not, under section 59 of the Family Assistance Act, have a shared care percentage for the child; and (c) the current family tax benefit rate in respect of the child is less than the prior family tax benefit rate in respect of the child; then the rate calculated under subsection (1) in relation to the child is increased by an amount equal to the difference between the prior family tax benefit rate and the current family tax benefit rate. (3A) If: (a) a child becomes a double orphan on or after 1 July 2000; and (b) the person who is qualified for double orphan pension for the child has, under section 59 of the Family Assistance Act, a shared care percentage for the child; and (c) the current family tax benefit rate in respect of the child is less than the shared care percentage of the prior family tax benefit rate in respect of the child; then the rate calculated under subsections (1) and (1A) in relation to the child is increased by an amount equal to the difference between: (d) the person’s shared care percentage of the prior family tax benefit rate; and (e) the current family tax benefit rate. (4) Subsections (2) and (3) do not have effect in relation to a child at any time at which double orphan pension in respect of the child is payable to an approved care organisation. (5) In this section: current family tax benefit rate, in relation to a child, means the rate represented by so much of an individual’s Part A rate of family tax benefit as relates to the child. prior family allowance rate, in relation to a child, means the rate at which family allowance was payable in respect of the child immediately before the child became a double orphan. prior family tax benefit rate, in relation to a child, means the rate represented by so much of an individual’s Part A rate of family tax benefit as related to the child immediately before the child became a double orphan.