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There are several restrictions, which affect whether a past period claim (1.1.P.60) for FTB can be effective (1.1.E.10). These include:
The following table outlines the restrictions applying where there is a previous claim or instalment (1.1.I.100) determination. If any condition is met, the claim is not effective and the corrective action outlined in column 2 is taken.
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Specific claim condition |
If condition is met refer to… |
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The claim is for a past period for which a claim has already been made. Explanation: It is not possible to claim twice for the same period. Example: Jane gives birth on 10 July and lodges a claim for FTB on 24 August. Based on her income estimate of $102,000, her claim for FTB is rejected. After her husband loses his job, she lodges a second claim on 24 November with an income estimate of $65,000. FTB by instalment is granted from 24 November based on this revised estimate. The past period claim is ineffective as a claim has already been made for this period. Jane is advised to seek arrears for this past period after income has been verified by the ATO. Act reference: FA(Admin)Act section 10(1) Restriction where previous claim or instalment determination Policy reference: FA Guide 6.2 Internal Reviews - refer to 'Further requirement for review request relating to an income estimate' |
FA Guide 4.2.4.40 Claim Action 4 - Second Claim Lodged |
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The claim is for a past period where the applicant was entitled to FTB by fortnightly payments. Explanation: In order for the applicant to be entitled to FTB instalments, they would have had to lodge a claim and have had it determined. It is not possible to claim twice for the same period. |
4.2.4.50 Claim Action 5 - Already Entitled to FTB Instalments |
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The claim for a past period is made before the end of the income year that follows an income year where the applicant's entitlement to fortnightly FTB instalments was cancelled for one of the following reasons: - failure to provide TFN, or - failure to provide bank details, or - failure to provide information, or - failure to notify a change of address, or - estimate of income was not reasonable, or - the FTB child made a claim for a social security benefit (1.1.S.60), pension (1.1.S.90) or a LMP (1.1.L.10), or - failure to notify departure from Australia (FA(Admin)Act section 30A and section 30B). Explanation: If a decision to cancel an instalment claim has been made, a past period claim for that income year cannot be made for the same period. The original decision must be reviewed favourably in order to pay FTB for the rest of that income year. Act reference: FA(Admin)Act section 27 Variation of instalment and past period determinations where failure to provide TFN, section 27A Variation of instalment entitlement determination where failure to provide bank account details, section 28A Variation of instalment entitlement determination where estimate of an amount is not reasonable, section 28B Variation of instalment entitlement determination where claim made for another payment type, section 29 Variation of instalment entitlement determination where failure to provide information, section 30 Variation of instalment entitlement determination where failure to notify change of address, section 30A Variation of instalment entitlement determination where failure to notify claimant's departure from Australia, section 30B Variation of instalment entitlement determination where failure to notify FTB or regular care child's departure from Australia |
4.2.4.60 Claim Action 6 - Instalments Cancelled in Previous Income Year |
The following table outlines how to treat past period claims depending on which income year the claim relates to. If any condition is met, column 2 outlines the action to follow.
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Specific claim condition |
If condition is met… |
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The past period does not fall wholly within one income year. |
separate determinations are required for each income year. The claim for the past period in the current income year must be accompanied by an instalment claim (explained later in this topic). Explanation: The need for separate determinations is because entitlement is based on different income amounts for each income year. |
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The period falls wholly within one income year, but the claim is made after the end of 2 income years immediately following that income year. |
see FA Guide 4.2.4.70 Claim Action 7 - Claim Made Too Late. Explanation: An FTB claim can be made up to the end of the second income year after the year in which eligibility commences. Note: If 30 June of the second income year after the year in which eligibility commences falls on a Saturday, Sunday or public holiday, an effective claim can be lodged on the first working day after 30 June. |
Example: Treatment of past period claims which fall within 2 income years.
Sally lodges a claim for FTB on 1 September 2008, following the birth of her child on 1 May 2008. Sally is claiming:
Separate determinations are required for each period. The past period of FTB from 1 May 2008 to 30 June 2008 is assessed on actual income for the income year returned from the ATO. The past period of FTB from 1 July 2008 to 31 August 2008 and Sally's ongoing entitlement are assessed on an estimate of income for the current income year.
Act reference: FA(Admin)Act section 10(2) Claim must relate to one income year and not be made after the end of the next income year
Policy reference: FA Guide 4.2.3.10 Restrictions on Determining FTB Claims
A past period claim made through the FAO must be accompanied by an instalment claim if:
If the applicant does not accompany a past period claim with an instalment claim in these circumstances, the past period claim is not effective.
If the applicant is not eligible for FTB at the time of the past period claim or is prevented from making an effective claim (i.e. the applicant is already receiving FTB by instalments or has previously made a claim for payment of FTB by instalment and that claim has not yet been determined), then they are not required to accompany their past period claim with an instalment claim.
An applicant who is entitled to FTB Part A for a past period in the income year either before or in the year in which the past period claim is made may receive any entitlement to RA as a lump sum with their past period payment. However, to receive RA the past period claim must be accompanied by an instalment claim unless:
Act reference: FA(Admin)Act section 10(3) Claim must be accompanied by instalment claim in some circumstances
FAAct Schedule 1 clause 13 Eligibility for rent assistance
Policy reference: FA Guide 4.2.4.80 Claim Action 8 - Instalment Claim Required
If an applicant and/or their partner is receiving a social security income support payment, the past period claim must be accompanied by an instalment claim if:
If the applicant does not accompany a past period claim with an instalment claim in these circumstances, the past period claim is not effective.
Act reference: FA(Admin)Act section 10(4) Restrictions on claims for payment of FTB for a past period
Policy reference: FA Guide 4.2.4.80 Claim Action 8 - Instalment Claim Required
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Last reviewed: 1 July 2009
