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Eligibility for Family Tax Benefit (FTB) for a child in foster care 007-07040040



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Level 2 Policy Helpdesk

Examples

Foster care and eligibility for FTB

Table 1: This table contains examples of circumstances when a foster carer is eligible to receive FTB.

Item

Description

1

Example 1

Child Services have placed Amanda in foster care with Jenny for 3 months. Amanda's father's whereabouts are unknown and Amanda's mother is undergoing in-patient treatment at a clinic. Jenny can claim FTB for Amanda as legal responsibility of Amanda has been transferred under section 22(2) of the A New Tax System (Family Assistance) Act 1999.

2

Example 2

Karen has 2 young children. One of the children has a severe disability. Respite foster care has been arranged for the child for a period of 3 weeks so Karen can spend extra time with the other child and have a break from intensive caring responsibilities. Karen continues to be eligible for FTB as legal responsibility is retained for both children as the change in care is temporary due to requesting a break/support.

3

Example 3

Billy has been placed in the care of Jane, a foster carer, by the local welfare agency/state authority. Jane lodges a claim for FTB for Billy. As part of Jane's claim, a letter is provided from the welfare agency/state authority confirming there has been a formal change in care of Billy and the court has placed Billy in care of the Minister. The letter outlines that Billy has been placed in Jane's care by the welfare agency/state authority under a foster care arrangement and advises the date this occurred. If the Service Officer is satisfied based on the letter that a change of care has occurred, no further evidence should be required. As legal responsibility for Billy has been transferred to Jane, Jane will receive FTB for Billy.

Examples of evidence to support a care arrangement

Table 2

Evidence provided

Outcome

Court orders

Court orders are a formal change in care, care arrangements can be granted with a court order as evidence.

Formal letter from foster agency

Formal letters from a child protection agency or foster care agency are a formal change in care, no further evidence is required to complete the change of care. Letters must be on letterhead, include the child’s name, the new carers name and the date the care placement started.

Informal letter from foster agency

Informal letters from a foster care agency can support a change in care with further evidence or advise the care is temporary care (e.g., respite care).

If the informal change in care is not a change in care but temporary care (28 days or less and the child has not been forcibly removed), see Child leaves customer’s care/custody.

Informal change in care and co-signed/not co-signed FA012 only (no additional evidence)

Additional evidence is required to support the care assessment and confirm there has been a change in care when:

  • the gaining carer is a grandparent, relative or friend, and
  • there is no court order or formal foster carer letter

Where evidence is not provided, the claim should be rejected.

Informal change in care and co-signed FA012 plus documentation provided

Where the Service Officer is satisfied the evidence provided supports the change of care, the claim can be granted.

If the Service Officer is unsure if a change of care has occurred, they can request further evidence. If Service Officers are still unable to confirm if a change of care has occurred after further evidence has been provided, the claim should be rejected and clearly documented.

Informal change and the losing carer advised verbally (no documentation)

Additional evidence is required to support the care arrangement and confirm there has been a change in care when:

  • the gaining carer is a grandparent, relative or friend and
  • there is no court order or formal foster carer letter

Where evidence is not provided, the care decision should be rejected.

FTB examples of legal responsibility and temporary care provisions

Table 3: This table provides examples of FTB legal responsibilities and temporary care provisions.

Initial carer

New carer

Forced removal (either by Child Services or Law Courts) or voluntary

Example length of time

Who receives FTB

Parent/carer's care

Youth Justice Centre (detention centre/Prison)

Forced - formal change in care.

This is a court ordered incarceration.

1 or more days

Youth Justice Centre - as they have legal responsibility transferred to them.

Not an FTB child of the individual.

Parent/carer's care - child only arrested

Youth Justice Centre or a local watch house

Neither - no change in care

2-3 days

Parent - as they retain legal responsibility - the child has been arrested but not found guilty and sentenced.

Parent/carer's care

ACO - Foster Care agency (for example, Barnardo's or The Smith Family)

Forced - formal change in care

1 or more days

ACO - as they have legal responsibility transferred to them.

Not an FTB child of the individual.

Parent/carer's care

ACO - Foster Care agency (for example, Barnardo's or The Smith Family)

Voluntary - informal change in care

21 days

Parent - as they retain legal responsibility, but are requesting a break/support.

ACO (a) to ACO (b)

ACO (b) - Foster Care agency (for example, Barnardo's)

Forced - formal change in care

14 days

ACO (b) - ACOs are only paid when the child is in their care.

Youth Justice Centre (a) to Youth Justice Centre (b)

Youth Justice Centre (b)

Forced - formal change in care

17 days

Youth Justice Centre (b) - ACOs are only paid when the child is in their care.

ACO

Foster care

Forced and/or Voluntary - formal change in care

Unknown

New Foster carer - as responsibility of the child has been delegated to the new carer - the ACO retain legal responsibility but payment moves to the foster carer.

Child - Change in Care Arrangement script letters

See also: Child - Change in Care Arrangements script

Standard letters - Child Change in Care Arrangement script

Table 4: This table describes the standard letters produced by the Child - Change in Care Arrangements script, and when it is appropriate to send them.

Letter code

Letter details

When to use each letter

Q804

Change of 100% care - Disputed

This letter should not be used. Use Q810 Shared Care Dispute - Request for information.

Q805

Shared Care Grant (Agreed full %)

Use this letter to advise carers of the shared care decision based on either evidence provided from all carers or agreement between all carers.

Q806

Shared care Grant - No third party response

Use this letter to advise carers of a shared care decision based on evidence provided by one of the carers only, i.e. where the other carer has not responded to a request for evidence.

Q807

SSA Shared Care Principal Carer Determination

This letter must be sent to all carers in a shared care arrangement, where at least one carer is claiming/receiving an income support payment. The letter advises which carer is determined as the principal carer of the child/children.

Q808

SSA Couple Principal Carer Determination

This letter must be sent to members of a couple advising which parent is determined as the principal carer of the child/children.

Q810

Shared Care Dispute - Request for information

Use this letter to request information and/or evidence about shared care arrangements from any carer.

Standard letters - Process Direct

Table 5: this table describes the standard letters available for issue in Process Direct via the Correspondence (CORRO) screen > Issue correspondence.

Letter code

Letter details

When to use each letter

Q805

Shared Care Grant (Agreed full %)

Use this letter to advise carers of the shared care decision based on either evidence provided from all carers or agreement between all carers.

Q806

Shared care Grant - No third party response

Use this letter to advise carers of a shared care decision based on evidence provided by one of the carers only, i.e. where the other carer has not responded to a request for evidence.

Q807

SSA Shared Care Principal Carer Determination

This letter must be sent to all carers in a shared care arrangement, where at least one carer is claiming/receiving an income support payment. The letter advises which carer is determined as the principal carer of the child/children.

Q808

SSA Couple Principal Carer Determination

This letter must be sent to members of a couple advising which parent is determined as the principal carer of the child/children.