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MIA was discontinued on 1 July 2012.
Individuals who satisfied the eligibility criteria for MIA prior to 1 July 2012 may still be able to receive MIA under transitional arrangements. For details on the transitional arrangements see 2.5.3.
This section describes the provisions relating to the determination of baby bonus claims and covers the following:
A person can withdraw their claim if it has not yet been determined. The request must be made in writing. If the claim is withdrawn it is taken to never have been made.
Act reference: FA(Admin)Act section 40 Claim may be withdrawn
Claims for baby bonus can be lodged prior to the birth of the child or the date the child is expected to enter the care of the applicant. Where an early claim is made determination must be deferred. This is described at 4.1.4.
Where an individual claims baby bonus and they or their partner have also claimed parental leave pay for the same child, the Secretary must defer the determination of the baby bonus claim. The baby bonus claim will not be determined until one of the following occurs:
If the applicant does not indicate that they wish to withdraw their parental leave pay claim, (i.e. that they wish to receive baby bonus instead), the parental leave pay determination will be made and when the PPL period starts, the baby bonus claim will be rejected. If the PPL period does not start, because the parental leave pay payability determination is revoked, the baby bonus claim can be determined.
Act reference: FA(Admin)Act section 41(4) Deferral of 'normal circumstances' baby bonus determination pending resolution of parental leave pay
Policy reference: PPL Guide 2.10 Election to Receive Baby Bonus
If the claim for baby bonus is effective it must be determined. If an attempt is made to determine the claim and the claim is not effective, it is taken never to have been made.
Example: Chris lodged a claim for FTB and baby bonus, but did not complete all the questions on the claim. The FAO sent Chris a written request for the rest of the information required to assess her eligibility. Chris did not respond to the request. As the claim is incomplete there is insufficient information available to determine the claim, and the claim is found to be ineffective. Once the claim is found to be ineffective it is taken never to have been made. If Chris wishes to test her eligibility again she must lodge a new claim.
If the applicant is eligible for baby bonus, a determination must be made that the individual is entitled to be paid. If the applicant is not eligible for baby bonus, a determination must be made that the individual is not entitled to be paid. A determination to grant or reject a claim may be reviewed.
Once a determination is made, it remains in force unless changed by a later determination.
Act reference: FAAct section 36(2)(b) When an individual is eligible for baby bonus in normal circumstances
FA(Admin)Act section 41 Secretary must determine claim, section 42 Determination of normal circumstances entitlement claim, section 43 Determination of bereavement entitlement claim, section 44 Determination that no entitlement, section 45 When determination is in force, section 105 Secretary may review certain decisions on own initiative
Policy reference: FA Guide 2.4.1 Eligibility for Baby Bonus, 2.5.3 Transitional Arrangements for MIA, 4.1.4 Early Claims for Family Assistance, 4.5.1 Claims for Baby Bonus & MIA
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Last reviewed: 2 July 2012
