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This topic describes the definition of 'dependent child' and includes issues that may affect whether a child is a 'dependent child' or not, such as:
This definition applies to all payments under the social security law.
A young person (1.1.Y.20) is a dependent child of an adult if:
Each component of this definition must be met in order for a person to be assessed as having a dependent child. This includes:
If the child cannot rightly be regarded the dependent child of any person under the above components of the first part of the dependent child definition, for example the person with legal responsibility is not caring for the child, then the child is the dependent child of any person who is wholly or substantially caring for the child.
In many instances, this might be a grandparent or other relative of the child who has taken on the informal responsibility of caring for the child where the parent is unable to care for the child.
Example: Alex is the mother of Liz (aged 2) and has a court order that provides her with sole custody of Liz. Bob (Liz's father) sees Liz every weekend. Alex drops Liz off at Liz's grandmother's in the morning most days and collects Liz of an evening. While Liz's grandmother (Nora) provides a substantial degree of care for Liz, Alex has sole legal responsibility for Liz and exercises daily care and control in regard to Liz. As a result Liz is Alex's dependent child. Because neither Bob nor Nora have legal responsibility for Liz and Liz can be established as in Alex's care, Liz is precluded from being the dependent child of either Bob or Nora under social security law.
A young person who has turned 16 but is under 22 can still be a dependent child of the recipient if:
Act reference: SSAct section 5(4) Dependent child-16 to 21 years of age, section 5(1B) Young person
A child under 16 CANNOT be considered a dependent child of the recipient if the child is:
Exception: A child who has not reached school age is regarded as being a full-time student for the purposes of SSAct subsection 5(3).
Act reference: SSAct section 5(3) A young person who has not turned 16 cannot be a dependent child if..., section 5(6) Child in receipt of another payment, section 23(1)-'social security pension', section 23(1)-'social security benefit'
A child aged 16 or over CANNOT be considered a dependent child of the recipient if:
Act reference: SSAct section 5(5) If the other person is the young person's partner, section 5(6) Child in receipt of another payment, section 23(1)-'social security pension', section 23(1)-'social security benefit'
The dependency limit for a child under 16 is set at $181.10 per week, effective from 1 January 2011.
The personal income limit is set at $9,925.50 per year, effective from 1 January 2011. Income includes earnings from casual, part-time or full-time employment.
A child must ALSO meet the conditions in the following table, to be considered a dependent child of the recipient:
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If the recipient is... |
Then the child must... |
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an Australian resident (section 7(2)), |
- also be an Australian resident, OR - be living with the adult. |
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NOT an Australian resident, |
- be an Australian resident, OR - have been an Australian resident, and is living with the recipient outside Australia, OR - have been living with the adult in Australia, and is living with the recipient outside Australia. |
Exception: The residence requirements are slightly different for SpB.
Note: Exchange students CANNOT be considered to be the dependent child of their host family in Australia as the student would have a parent who has legal responsibility for them in their home country.
Act reference: SSAct section 5(8) Dependent child - residence requirements, section 5(7) Dependent child - residence requirements, section 7(2) An Australian resident…
Policy reference: SS Guide 3.7.1.10 Qualification for SpB
From 1 July 2000 FTB replaces family allowance. FTB is paid to recipients who have an FTB child. In most cases a 'dependent child' is also an 'FTB child'. However there are some differences. Differences between 'FTB child' and 'dependent child' are explained in the Family Assistance Guide.
Policy reference: FA Guide 2.1.1 FTB Child & Regular Care Child
If a dependent child leaves the recipient's place of residence temporarily, the child continues to be a dependent child of the person if:
Where a temporary absence occurs, the child can continue to be regarded as being a dependent child of the recipient if the recipient can DEMONSTRATE AN ONGOING INVOLVEMENT regarding 'a measure of oversight of the child with a view to its protection, preservation, or guidance and continue to some degree to control, check or direct the child's actions.' (AAT decision Parkes and Director - General of Social Security (1984)). In demonstrating this ongoing involvement 'it is the existence of the right of control which is the dominant consideration, not the extent to which it is in fact exercised either from day-to-day or year-to-year.' (AAT decision Leahy and SDSS (1988)).
To determine whether the child remains the dependent child of the recipient, the individual circumstances of each particular situation still need to be fully considered. For example, where the recipient is separated through illness, including periods of residential rehabilitation, medical advice may be required to confirm whether the recipient is not so incapacitated that they are unable to make decisions regarding the child. While the length of the absence can be an important factor in making this determination it is not the overriding consideration.
Example 1: The dependent child's mother has joined a state police force and, as part of the induction and training course for new recruits, she is required to attend a residential training facility for 15 weeks. While attending this training the mother has delegated the care of the dependent child to a close family friend. During this period the mother retains responsibility for the day-to-day care, welfare and development of the child through regular phone contact with the child's temporary carer, weekend visits and being the nominated person to contact in an emergency.
Explanation: The length of the absence is not a determining factor as it is the existence of a continuing right of control which is the dominant consideration as to whether the child remains in the care of and the dependent child of the mother. In this example it would be appropriate for the child to continue to be considered the dependent child of the mother, as the mother is able to demonstrate that she is still the adult responsible for the key decisions concerning the care, welfare and development of the child.
Example 2: The dependent child's parent has entered a residential drug rehabilitation program for a period of 13 weeks. During the period of treatment the parent has delegated the daily care of the dependent child to the child's grandparents. The grandparents do not dispute the parent's legal responsibility and do not make key decisions regarding the child's care, welfare and development without the parent's consent. Medical advice has been given that the parent, while undergoing the period of rehabilitation, is still able to make informed decisions concerning the child's welfare. The parent also has continual contact through phone calls and weekend visits.
Explanation: Even though the parent is physically separated from the child, the child can still be considered to be in the care of the parent as the parent retains the legal responsibility for the child and continues to be involved in key decisions regarding the child's care, welfare and development. Therefore the child can still be considered to be the dependent child of the parent.
Other examples where the child remains a dependent child of the recipient despite a temporary absence are:
Note: If the person or child is in hospital for an extended period it may still be possible for the child to be regarded as the dependent child of the person where the person continues to some degree to control, check or direct the child's actions. In each individual case, an assessment will need to be made as to whether the person meets the criteria of section 5(2) where the child is aged under 16 or section 5(4) where the child is aged 16 to 21.
Any long term or permanent change to care arrangements should be investigated by the delegate to determine who has the care of the child for the purposes of income support. This may result in the previous carer losing eligibility for payment, or receiving a reduced rate of payment. Where a new (competing) claim is made for a payment in respect of a dependent child a delegate should defer granting the new claim, and seek confirmation of the change from the previous carer. If the change of care only affects the rate of payment, a delegate should defer changing the rate of payment, and seek confirmation of the change from the previous carer.
The previous carer should be contacted by phone within 24 hours if possible, otherwise a written request for confirmation should be sent. If the previous carer fails to respond to a written request for confirmation within 14 days, then it is considered that the change of care is confirmed. Where a recipient is in hardship then a decision can be made not to wait the 14 days if reasonable effort has been made to contact the previous carer via the phone.
The date of effect of a change of care should be the date the change of care occurred. If the date of the change of care is uncertain, the date of lodgement of the claim can generally be accepted as the date when care changed. If documentary evidence, such as a court order, is available to confirm the date of change of care this should be requested from the recipient.
If a claim is lodged for a child who has recently come into care a delegate should check the following:
Situations arise where different recipients claim the same child as a dependent and the care of the child becomes disputed. This can occur generally and in cases of abduction. Refer to 1.1.P.414 Principal carer - disputed care arrangements & abduction, for further information regarding eligibility for income support in these circumstances.
Sometimes cases arise where the care arrangements for a child are not in the child's best interest.
Policy reference: FA Guide 2.1.1.100 Child at Risk of Harm
A child who is an inmate of a psychiatric institution may still be a dependent child if:
Act reference: SSAct section 5(8A) …a young person who is an inmate…(PP)
The same rules regarding whether a child is a 'dependent child' apply to foster children. Therefore foster children can be dependent children of their foster parents if they have the right to 'make decisions concerning the day-to-day care, welfare and development of the young person'. Usually this occurs with long term foster care placements, although it can also apply to short term foster care placements. In short term foster care placements the child is generally not considered to be a child of the foster parents if it is likely that the child will return to the natural parent's or guardian's care.
Where the child is not considered to be a dependent child of the foster carer the foster carer may still be receiving financial assistance from other sources to assist with expenses for the child. This money is generally not considered as income for social security purposes.
Act reference: SSAct section 8(8) see (j) Foster care
Policy reference: SS Guide 3.5.1.65 Child-related Qualification for PP - Foster Care
For the purpose of the pension income test the definition of dependent child is expanded.
Policy reference: SS Guide 4.2.1.20 Additional Free Area for Dependent Children, 3.5.1.50 Child-related Qualification for PP - Shared Care
FA Guide 2.1.1 FTB Child & Regular Care Child, 2.1.1.70 Disputed Care Arrangements, 2.1.1.90 Abducted, Absent or Missing Child, 2.1.1.100 Child at Risk of Harm
A 'dependent child' for CA (child) purposes is a child who satisfies the definition of dependent child as per the SSAct, disregarding subsection 5(3).
Act reference: SSAct section 953(1)(a) … the care receiver is a dependent child…
Policy reference: SS Guide 3.6.7.30 Qualification for CA, 1.1.C.90 CA child (CA)
Note: For the purposes of this section, a child must be under 16 years of age.
In some cases a recipient can qualify for the 'with child' rate of payment where they do not have a dependent child but do have 14% care of a child (equivalent to one weekend a fortnight). While this provides for the MBR of payment to a person as if they had a dependent child, in all other respects, the person should NOT be considered to have a dependent child. As it is otherwise more beneficial for a person to have a dependent child, the 'at least 14% care of a child' provision should only be considered where the person would not otherwise qualify for the 'with dependent child' rate. This provision should therefore be considered following a determination that a child is not the person's dependent child due the amount of care and/or the circumstances in which the care is provided.
This provision extends only to the following payments:
To qualify for the 'with child' rate of payment where they have at least 14% care of a child a person must have:
In order to qualify for the 'with child' rate of payment despite not meeting SSAct subsection 5(2), the child must meet the dependent child criteria at SSAct subsection 5(3), sections 6 and 7 (these criteria are described above under the headings 'Child under 16 is NOT a dependent' and 'Residence requirements').
When making an assessment as to whether the person has at least 14% care of the child the delegate must be satisfied that:
If and/or when a person's level or pattern of care for a child subsequently changes, the person should inform Centrelink as is the case for any other change in their circumstances.
Note: It is preferable that the instalment period be used as this is the period in relation to which the person's entitlement is calculated and paid. Where a person qualifies on the basis of demonstrating a pattern of care over a longer assessment period (e.g. 28 days), but the caring arrangements do not eventuate as expected, then that person could be liable for an overpayment for both fortnights. Similarly, once it has been determined that a person has at least 14% care of a child during an instalment or other period, the onus is on the income support recipient to advise if the level of care decreases to below 14% so as to avoid incurring a debt over a later period.
As a general rule, assessing the percentage of care is derived by working out number of nights a person cares for the child divided by the total number of days in the period. This means that in order to have at least 14% care the person must care for the child for at least one night for every week of the assessment period (either the instalment period or 14 or 28 days). However, in some cases a person may meet the 14% care benchmark by caring for a child for the equivalent of 4 hours of each day within the assessment period.
Example 1: Mary is the principal carer of Beth and has recently separated from her husband Frank. Frank and Mary both have legal responsibility for Beth and Frank looks after Beth Friday and Saturday nights every second week (2 nights/14 nights = 14% care). As Frank is in receipt of NSA as a single recipient and is paid on a fortnightly basis, he qualifies for the 'with child' rate based on his instalment period. A written determination by the delegate is not required.
Example 2: Tom and Sarah have recently separated and Tom has been determined the principal carer of their daughter Miranda (aged 8). Sarah and Tom both remain legally responsible for Miranda after the separation. Sarah cares for Miranda from Monday night to Saturday morning on the first week of every month. As the 5 days equates to at least 14% care over a 28 day period (5 nights/28 days = 18%), Sarah, who is single and in receipt of NSA, qualifies for the 'with child' rate of payment. Because it was established that she has at least 14% care on the basis of a 28 day assessment period and Sarah is paid fortnightly, a written determination by the delegate is required to use this longer period.
Example 3: Jenny has sole legal responsibility for her 13 year old son Fred. Because Jenny works 2 casual jobs, one from 3pm to 7pm on weekdays and the other from 10am to 2pm on the weekends, her grandmother Janine looks after Fred during these times. Janine is not legally responsible for Fred, but has entered into a parenting plan with Jenny to formalise these caring arrangements. As Janine is in receipt of NSA and is looking after Fred for at least 14% of the time (56 hours/336 hours = 16%) under a parenting plan, she is entitled to receive the 'with child' rate of NSA.
Act reference: SSAct section 1067G-B3AA Certain children treated as dependent children if..., section 1068-B1B Rate calculator for NSA, SA and MAA
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Last reviewed: 4 January 2011
