2.1.1.60 Change of Care of an FTB Child

Summary

This topic provides information on:

• the requirement to notify FAO of a change in circumstances,
• circumstances in which FTB may continue to be paid,
• verification of care when a new carer claims FTB, and
• new carer in hardship.

Requirement to notify FAO of a change in circumstances

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.

Circumstances in which FTB may continue to be paid

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.

Policy reference: FA Guide 2.1.1.70 Disputed Care Arrangements, 2.1.1.90 Abducted, Absent or Missing Child

Verification of care when a new carer claims FTB

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 2.1.1.85 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:

• confirmation of play group, kindergarten or school enrolment,
• proof of attendance or membership of local organisations or activities,
• receipts for expenses incurred while the child was in care,
• confirmation of care arrangements from close family friends or relatives,
• confirmation from professional members of the community who have regular contact with the family, such as teachers, social workers, police, ministers of religion, accountants, lawyers or doctors, and
• records from the FAO or other government agencies which confirm the care.

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

New carer in hardship

The new carer's eligibility for FTB may be determined without delay if the new carer is:

• in financial hardship, and
• claiming an income support payment (1.1.I.50) through Centrelink, and
• the previous carer cannot be contacted by phone.

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 4.4.2.10 Change in Non-Income Related Circumstances

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Last reviewed: 3 January 2012