32Sole parent support: situation of split care
(1)This section applies to the parents of 2 or more dependent children if—
(a)the parents are living apart; and
(b)each parent is the principal caregiver of 1 or more of the children; and
(c)but for this section, both parents would be entitled to sole parent support.
(2)Only 1 of the 2 parents is entitled to sole parent support, and the parent who is entitled to sole parent support must be—
(a)the parent who is already receiving sole parent support in respect of any of the children; or
(b)if no parent is already receiving sole parent support in respect of any of the children, the parent who MSD considers was the principal caregiver in respect of the children immediately before the parents began living apart; or
(c)if neither parent was the principal caregiver in respect of the children before they began living apart, or MSD is unable to ascertain which parent was the principal caregiver in respect of the children immediately before they began living apart, the parent who is the principal caregiver in respect of the youngest child.
(3)This section does not apply if each parent has become the principal caregiver in respect of at least 1 child under 1 or more orders—
(a)made by a court of competent jurisdiction; and
(b)about the role of providing day-to-day care for children.
(4)In this section, child means a dependent child of the parents—
(a)born of their relationship; or
(b)adopted by the parents, or by 1 of the parents, during their relationship.
Compare: 1964 No 136 s 20C