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An individual receiving instalment payments of FTB is required to notify the FAO of any change in circumstances that can affect their eligibility for FTB. If the individual stops having the daily care of an FTB child, they must notify the FAO regardless of whether another person is expected to claim for the child.
In some circumstances, payment of FTB to an individual can be extended if their child is prevented from being in their care without their consent or legal authority.
When a claim for FTB is received from a new carer, the decision maker must determine whether there has been a change in care for FTB purposes. For a detailed discussion on how to determine this, see 220.127.116.11 Formal and Informal Care of an FTB Child.
As part of the process of determining whether there has been a change in care for FTB purposes, the decision maker must verify who is actually caring for the child.
If legal responsibility for the child has been transferred to the new carer (formal care), the relevant court or state/welfare authority can assist in verifying care. However, evidence of who is actually caring for the child should also be obtained. Evidence may be obtained from a range of sources, including:
It may be more difficult to verify who is caring for the child where legal responsibility has not been transferred (informal care). If a new carer does not have legal responsibility for the child, it is necessary to confirm that the child is not in the care of a person who does have legal responsibility for the child. Evidence of who is actually caring for the child may be obtained from a range of sources, as outlined above.
The new carer should be advised that, if the losing carer provides conflicting information about who is caring of the child, payment of FTB will be reviewed, which may lead to an overpayment.
Act reference: FAAct section 22 When an individual is an FTB child of another individual
The new carer's eligibility for FTB may be determined without delay if the new carer is:
Verification of who is caring for the child is still required as for any other change of care situation.
Act reference: FA(Admin)Act section 25 Obligation to notify change of circumstances
Policy reference: FA Guide 18.104.22.168 Change in Non-Income Related Circumstances
Last reviewed: 3 January 2012