Actual care arrangements must be verified with all carers, if possible. This applies to instalment claims for FTB (1.1.I.100) and past period claims for FTB lodged with the FAO, where the care of an FTB child is shared, or where a change of care has occurred. This applies even when one of the carers is not an FTB recipient, as the care determination may impact on their child support assessment.
Note: From 1 July 2010, determination of care percentage that is determined by either the FAO for FA purposes or the CSA for child support purposes will be aligned to the other agency in relation to a relevant care period. This means where there has been a care determination made by the CSA, this determination will be used by the FAO to assess eligibility for, and the rate of, FTB. The FAO will only be able to make a new care determination if there has been a change in the care arrangements. The CSA use the same rules as the FAO to verify care arrangements.
Verification of shared care involves establishing that all parties caring for the child agree on either their shared care percentages or the actual pattern of care. If agreement is reached, no further verification is necessary. If they do not agree, further verification is required - with all carers, if possible.
Where a formal care arrangement (1.1.C.05) exists and all parties agree to it there is no need to verify the arrangement. A care arrangement may be documented in the following:
If the parties do not agree on what the care arrangements are, further verification is required in order to determine the actual care arrangements. Obtaining a copy of the document detailing a care arrangement is one means of verification that may be used, but verification of actual care is also required. Some specific examples of care arrangement may include a foster care placement, or a court order for graduated return to care where a child is being integrated back into the family.
If there is disagreement between carers as to what the care arrangements for a child are, it is important that all carers of a child have the opportunity to provide verification of care. Each person should be asked to provide additional evidence to support their declared arrangements.
Disagreements about care are also relevant even where a care arrangement exists, as the percentage of care is generally assessed on the basis of actual care. For example, this could be relevant where the terms of a parenting plan (1.1.P.20) are not being complied with by one of the parties.
Example: Steve and Joan have a parenting plan for the care of their child Sandy. The plan provides that Steve has 35% care and Joan 65% care. Joan contacts the FAO to advise that Steve has failed to provide any care for Sandy for the last 2 months and that he has no intention of exercising his rights under the plan. The FAO contacts Steve, who agrees that he has had no contact with Sandy for the last 2 months, but intends to do so in the future. Upon investigation, the FAO establishes that despite numerous requests from Joan for Steve to exercise his care of Sandy at the times specified in the plan, Steve has refused to do so and this has been verified from a number of sources. On this basis, the FAO assesses that Joan has 100% care of Sandy and Steve 0%, with a date of effect for the care period (1.1.C.100) from when Steve stopped exercising his care of Sandy, which was 2 months ago.
When assessing actual care percentages, evidence may be obtained from a range of sources.
Examples: Evidence provided by the applicant may include:
The FAO must not attempt to obtain verification of care arrangements from the child.
If the FAO makes a new care determination based on changed care arrangements, the individual can seek review of this decision by the FAO (see 6.2).
Act reference: FAAct section 35T Percentages of care determined under the child support law that apply for FA purposes, section 35U Reviews of percentages of care under child support law apply for FA purposes
When a claim for FTB is lodged by a person on the basis that they have gained the care of their FTB child from another person, the FAO should confirm the situation with the previous carer if the FAO has not already been notified of the change in circumstances by either the previous carer or the CSA. Documentation to prove care arrangements is to be sighted for instalment applicants/recipients and past period applicants/recipients who claim through the FAO.
If the previous carer does not respond to a request for confirmation within 14 days, the new carer's claim can proceed based on the information provided by them. It should be explained to the applicant that the other carer may claim FTB later. If there is a dispute about the care arrangements at that time, a review may be undertaken and the FAO may have to recover any FTB that should not have been paid.
Last reviewed: 1 July 2010