Social Security Act 2018 (Version 56)/Section 31

31When dependent child may be regarded as applicant’s child

For the purposes of this subpart, MSD may regard a dependent child as being a child of an applicant (A), and A as being the mother or father of the child, if—

(a)the child is being maintained by A and was at any time maintained by A’s spouse or partner; or

(b)neither an orphan’s benefit nor an unsupported child’s benefit is payable in respect of the child, but—

(i)section 43(2) is complied with for each of the child’s parents (as that term is defined in section 43(3)); or

(i)section 46(1) and (2) is complied with for each of the child’s parents (as that term is defined in section 46(3)) for care for the child and full provision for the child’s support; or

(c)the child’s parents are unwilling to support the child because of circumstances MSD considers exceptional.

Compare: 1964 No 136 s 20B