Section 1061ZO — Social Security Act 1991: Qualification

(1) A person is qualified for a health care card on a day if this section applies to the person on that day. (2) This section applies to a person on a day if, on that day: (a) in the case of a child—the person is: (i) an Australian resident or a special category visa holder residing in Australia; or (ii) living in Australia with an Australian resident or with a special category visa holder residing in Australia; and (b) in the case of a person other than a child—the person is: (i) an Australian resident or a special category visa holder residing in Australia; and (ii) in Australia; and (c) the person is neither an FTB child, nor a regular care child, aged over 16 years; and (d) the person satisfies the health care card income test. Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 6 weeks (see Division 4). (3) This section applies to a person on a day if, on that day, the person: (a) is an Australian resident or a special category visa holder residing in Australia; and (b) is in Australia; and (c) is an FTB child, or a regular care child, who is 16 or more, but not yet 19, years of age; and (d) is not undertaking secondary studies; and (e) satisfies the health care card income test. Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 6 weeks (see Division 4). (4) This section applies to a person on a day if, on that day, the person: (a) is an Australian resident or a special category visa holder residing in Australia; and (b) is in Australia; and (c) is an FTB child, or a regular care child, who is 19 or more years of age; and (d) satisfies the health care card income test. Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 6 weeks (see Division 4). (5) This section applies to a child on a day if: (a) on that day, the child is in foster care; and (b) the child is living in Australia with an Australian resident or with a special category visa holder residing in Australia. (7) The Minister may, by legislative instrument, declare that a person who: (a) is included in a specified class of persons; and (b) is, or has been, in Australia in specified circumstances; is a person to whom this section applies. (8) The circumstances that may be specified in a declaration under subsection (7) include circumstances that existed or exist at any time before or after the making of the declaration. (9) This section applies to a person on a day if: (a) on that day, the person: (i) is aged at least 16 and has not turned 26; and (ii) is a full-time student; and (iii) is an Australian resident; and (iv) is living in Australia; and (b) on the day before the person turned 16: (i) another person was qualified under Part 2.19 for carer allowance for the person; or (ii) subsection 1061ZK(3) applied to the person; and (c) on the day before the person turned 16, the person was qualified for, and held, a health care card. Note: For Australian resident see subsection 7(2).