2.2.1 FTB Eligibility Criteria for Individuals

FTB eligibility for individuals

An individual is eligible for FTB if:

• they have at least one FTB child (including at least 35% share of care), or
• they are not an absent overseas recipient and have at least one regular care child who is also a RA child, and
• the individual is an Australian resident (1.1.A.130), or
• they are a SCV holder residing in Australia, or
• they are the holder of a visa approved by the Minister for the purposes of Social Security Act 1991 subparagraph 729(2)(f)(v), and
• their rate of FTB is greater than nil, and
• no other provision applies to make them ineligible for FTB.

Act reference: FAAct section 21 When an individual is eligible for family tax benefit in normal circumstances, section 3(1)-'Australian resident', section 58 Rate of family tax benefit

SSAct section 729 Qualification for special benefit

Policy reference: FA Guide 2.1.1 FTB Child & Regular Care Child, 2.1.2.10 Residence Requirements, 2.1.2.20 Verifying Residency/Citizenship, 3.1 FTB Rate Calculation, 4.2.1 Summary of the FTB Claim Process

SS Guide 3.1.1 Residence Requirements, 3.7.1.10 Qualification for SpB

Only one member of a couple is eligible for FTB at a time

Even though both members of a couple may otherwise be eligible for payment/benefit for an FTB or regular care child, only one member of a couple is eligible at a time.

Exceptions: In some circumstances FTB may be shared including by couples in blended families (2.1.1.80) and individuals who claim FTB for a past period prior to separation.

Where both members of a couple claim FTB, a decision as to which person should be paid FTB is based on:

• which person is the primary carer (1.1.P.120), and
• whether there is a written agreement nominating one person as the one to claim FTB.

Act reference: FAAct section 26 Only 1 member of a couple eligible for FTB

Policy reference: FA Guide 2.1.1.80 Sharing FTB in Blended Families, 3.1.1.34 Shared FTB for Separated Couple

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Last reviewed: 1 October 2010