When you are a member of a family for the MLS
For Medicare levy surcharge (MLS) purposes, you are a member of a family if, during any period of the year, you:
- had a spouse or a child who was an Australian resident (regardless of their income), and
- contributed to their maintenance.
For the meaning of 'maintenance of a dependant', see Dependants for Medicare levy exemption.
Spouse (married or de facto) for MLS purposes
Your spouse includes another person (of any sex) who either:
- you were in a relationship with that was registered under a prescribed state or territory law
- although not legally married to you, lived with you on a genuine domestic basis in a relationship as a couple.
An ex-spouse you pay maintenance or child support to is not your dependant.
Child for MLS purposes
Your child is only your dependant if they are:
- under 21 years old
- 21 to 24 years old and studying full-time at school, college or university.
Your child is still your dependant if you are paying child support even if they don't live with you.
Your child includes:
- your child, whether born in marriage or not
- your adopted child
- a newborn or newly adopted child
- a child of your spouse (your stepchild)
- someone who is your child within the meaning of the Family Law Act 1975 (for example, a child who is considered to be a child of a person under a state or territory court order giving effect to a surrogacy agreement).
A foster child is not included as a dependant for MLS purposes.
When you pay the MLS
You may have to pay the MLS if:
- any member of the family did not have an appropriate level of private patient hospital cover, and
- your income is above a certain amount.