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6.2.6.20 SpB Reviews - Non-permanent Resident & Temporary Absence Overseas

Summary

This topic explains SpB reviews covering a non-resident parent (section 5(1)-'parent') with custody of an Australian citizen child and temporary absences overseas, including a partner (1.1.P.70) going overseas.

 

Act reference: SSAct section 5(1)-'parent'

 

Non-permanent resident - custody of Australian citizen child

A review should be set at grant to re-assess the parent's residence status.

Example: If DIAC indicates that a decision can be expected soon, the outcome is followed up.

 

If permanent residence:

  • has been granted with:
    • a 2 year waiting period, the person can be eligible for SpB if they suffered a significant change in circumstance, beyond their control, after arriving in Australia (1.1.A.320), OR
    • NO waiting period, the person can claim NSA, OR SpB if child care is not available, OR
  • has NOT been granted, verify whether DIAC intends to deport the parent, and, if so:
    • what action the parent is taking (see example), AND
    • whether the child is remaining, and in whose custody (see explanation).
    • Example: Lodging of an appeal, which could require a further review.
    • Explanation: Either way, SpB will probably be cancelled.

 

These cases should be reviewed every 3 months, re-examining the non-custodial parent's capacity to provide child support.

 

Payment of SpB during temporary absence overseas

SpB is ONLY paid outside Australia for a maximum of 6 weeks in special circumstances and the person MUST remain qualified throughout the absence.

 

Any other means of support while the person is overseas MUST be checked. Particular attention is given to the source of funds used to pay for overseas travel and any free board and lodgings (1.1.B.70) provided overseas. The full extent of any third party support, including further support if needed should be established.

 

A person is asked to provide details of their overseas accommodation. Free board and/or lodgings may reduce the rate of SpB.

 

Partner going overseas

PA stops after 6 weeks when the partner of a SpB recipient is overseas. The person's rate of SpB is still limited to the partnered rate and, any income received by the partner still affects the rate payable to the SpB recipient.

 

Couples receiving SpB and PA sometimes illegally attempt to transfer entitlement so the member of the couple receiving PA to travel overseas without meeting the SpB hardship criteria. In such cases, overall eligibility for payment of SpB is re-examined at interview and the available funds test is re-applied to determine qualification for payment.

 

Act reference: SSAct section 1068-G9 Partner income free area, see G9-G11

Policy reference: SS Guide 7.1.2.20 Portability Table

_______________________________________________________

Last reviewed: 2 January 2013


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Last Edited: 16/11/2012 2:09:47 PM


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