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4.5.2 Determination of Baby Bonus Claims

Note: On 1 March 2014, NBS (1.2.18) and SBP (1.2.19) replaced baby bonus to provide assistance to those families not eligible for or not accessing PLP (PPL Guide 2.2).

 

For children born or entrusted to care as part of an adoption process on or after 1 March 2014, baby bonus will no longer be available.

 

For children born or entrusted to care as part of an adoption process before 1 March 2014, an individual may still be eligible to receive baby bonus (2.4.1).

 

Where an individual has a stillborn child, they may be eligible for SBP for their stillborn child delivered on or after 1 March 2014.

 

Summary

This section describes the provisions relating to the determination of baby bonus claims and covers the following:

  • claim is withdrawn,
  • early claims, and
  • effective claim must be determined.

 

Claim is withdrawn before it is determined

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 If the claim is withdrawn it is taken to never have been made.

 

Act reference: FA(Admin)Act section 40 Claim may be withdrawn

 

Early claims prior to birth of child or child's entry into care

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 individual. Where an early claim is made determination must be deferred. This is described at 4.1.4.

 

Deferral of baby bonus determination pending resolution of PLP

Where an individual claims baby bonus and they or their partner have also claimed PLP 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 a determination has been made that PLP is payable for the child:
    • the individual's PPL period (PPL Guide 1.1.P.130) starts, or
    • the payability determination is revoked, or
  • the claim for PLP is rejected (i.e. the decision is made that PLP is not payable to the individual because the individual is not eligible for PLP), or
  • the claim for PLP is withdrawn (i.e. the individual elects to receive baby bonus).

 

If the individual does not indicate that they wish to withdraw their PLP claim, (i.e. that they wish to receive baby bonus instead), the PLP 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 PLP 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 PLP

Policy reference: PPL Guide 4.1.9.20 Individuals Claiming Baby Bonus Only Must Indicate They Do Not Wish to Claim PLP

 

Effective claim must be determined

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. Centrelink 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 individual is eligible for baby bonus, a determination must be made that the individual is entitled to be paid. If the individual 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

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Last reviewed: 20 March 2014


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Last Edited: 28/02/2014 1:20:47 PM


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