Social Security Act 2018

Obligations - Beneficiaries’ obligations - Specific obligations: social obligations in relation to dependent children

132: Attendance of dependent child aged 5 or 6 years at early childhood education programme or registered school

You could also call this:

"Kids aged 5 or 6 must go to kindergarten or school regularly."

Illustration for Social Security Act 2018

If you have a dependent child who is 5 or 6 years old, you must take all reasonable steps to ensure they either attend an approved early childhood education programme or a registered school. You need to make sure your child is enrolled in one of these programmes and attends it regularly, as set out in regulations made under section 430. This means they must go to the programme or school in the way and for the minimum amount of time prescribed by these regulations.

If you qualify for an exemption from your work-test obligations because you are teaching your child at home on grounds specified by regulation 6(2)(c) or any regulations made under section 431(1)(e), then this rule does not apply to you. This exemption is also saved by clause 27 of Schedule 1. You must meet the conditions set out in these regulations to qualify for the exemption.

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131: Attendance of dependent child aged 3 to 5 years at early childhood education programme, or

"Children aged 3 to 5 must attend early learning programmes"


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133: Attendance of dependent child aged 6 to 15 years at registered school, or

"Children aged 6 to 15 must go to school unless they have special permission"

Part 3Obligations
Beneficiaries’ obligations: Specific obligations: social obligations in relation to dependent children

132Attendance of dependent child aged 5 or 6 years at early childhood education programme or registered school

  1. A person to whom this section applies (A) must take all reasonable steps to ensure that each dependent child aged 5 or 6 years either—

  2. is enrolled in an approved early childhood education programme (as defined in regulations made under section 430) and attends that programme in the manner and to the minimum extent prescribed by regulations made under section 430; or
    1. is enrolled at and regularly attends a registered school (as defined in regulations made under section 430).
      1. This section does not apply if A qualifies for an exemption from his or her work-test obligations on the active teaching out of school grounds specified by—

      2. regulation 6(2)(c) of the Social Security (Exemptions under Section 105) Regulations 1998 (as saved by clause 27 of Schedule 1); or
        1. any regulations made under section 431(1)(e).
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