Section 195 — Social Security Act 2018: Shared care of dependent child

195 Shared care of dependent child (1) This section applies if— (a) the parents of a dependent child live apart; and (b) both parents receive benefits; and (c) each parent has the primary responsibility for the care of the child for at least 40% of the time. (2) In assessing the benefit and rate of benefit of each parent, MSD must treat the child as a dependent child in assessing the benefit and rate of the primarily responsible parent only. (3) In subsection (2), the primarily responsible parent is— (a) the parent who MSD decides has the greater responsibility for the child; or (b) if MSD is unable to make a decision under paragraph (a), the parent who MSD decides was the child’s principal caregiver immediately before the parents began living apart; or (c) if MSD is unable to make a decision under paragraph (a) or (b), the parent who the parents agree is the primarily responsible parent. (4) If the primarily responsible parent cannot be identified under subsection (3), MSD must not take the child into account in assessing the benefit and rate of benefit of either parent until the parents agree who is the primarily responsible parent. Compare: 1964 No 136 s 70B(1), (3), (4)