Definitions of spouse, child and interdependency

Spouse

Includes:

  • another person to whom the person is legally married;
  • another person (whether of the same or different sex) with whom the person lives on a genuine domestic basis in a relationship as a couple; and
  • another person with whom the person has a certain type of registered relationship under a certain state and territory laws. Currently, ACT, NSW, Tas, Vic and QLD have laws enabling the registration of opposite and same sex couple relationships

Child

Includes:

  • an adopted child, a stepchild or an ex-nuptial child of the person;
  • a child of the person’s spouse; and
  • someone who is a child of the person within the meaning of the Family Law Act 1975 (which includes children born as a result of artificial conception or under surrogacy arrangements)

Interdependency relationship

Two persons (whether or not related by family) have an interdependency relationship if all of the following are satisfied:

  • they have a close personal relationship; and
  • they live together; and
  • one or each of them provides the other with
  • financial support; and
  • one or each of them provides the other with domestic support and personal care

Note: Additional provisions apply where the dependency definition is not met due to one member having a disability.

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