Foster care and principal carers 007-07050010

A customer claims an income support payment (ISP) for a foster child who has entered their care, or a current ISP customer advises a foster child has entered their care.

If the customer is claiming family assistance only, see Eligibility for Family Tax Benefit (FTB) for a child in foster care.

If the foster care arrangement is:

• Formal - carer is mediated by a state or territory welfare authority, go to Step 2

• Informal - a relative or friend assumes care of a child in a private arrangement, go to Step 3

Note: if the customer or their current partner is the natural or adoptive parent of the child, the care arrangement is not considered foster care.

Customers claiming for a foster child, either as a new claim or as an addition to an existing income support entitlement, must provide evidence to prove the legality of the change of care.

Examples of evidence include:

• Court Orders

• Documentation from state welfare authorities stating the customer is a formal 'registered' foster carer
• Documentation from state welfare authorities stating the customer is a relative or community member and is providing care under a formal state/territory protection care plan/care plan
• Documentation from recognised foster care agencies stating the customer is a formal 'registered' foster care

Has suitable evidence of the foster care arrangement been provided by the claimant or is there evidence of the formal care arrangement on the customer's record?

• Yes, go to Step 5

• No, request evidence of the care arrangements to be provided for their claim within 14 days. See Requesting information (CLK). Consider relevant privacy issues when referring to the other carer in the letter

• Procedure ends here
• Go to Step 5

Advise the customer suitable evidence of the change of care must be provided as part of their claim. This can take the form of confirmation of the arrangements from the child's natural/adoptive parent or previous carer.

Care should be taken to identify cases where the young person may be living with someone who is not a relative and may be at risk of harm. To help identify potential cases at risk, it is necessary to establish the person's relationship to the child.

Is the validity of the relationship between the person and the child in doubt?

• Yes, the case must be referred to a social worker immediately. Advise the customer that Services Australia needs to verify the care arrangements

• If social worker recommends grant, go to Step 4
• If social worker recommends rejection, go to Step 9
• No, go to Step 4

Has suitable evidence of the change of care been provided by the claimant or is available for viewing on the customer record?

• Yes, go to Step 5
• No, request evidence of the care arrangements to be provided within 14 days. See Requesting information (CLK)
  Consider:
• relevant privacy issues when referring to the other carer in the letter
• if care arrangements have changed because of an order by a state welfare authority, Service Officers should exercise judgement to determine if it is appropriate to make contact
• if there is a family and domestic violence situation and there is concern the customer or child will be placed at risk, Service Officers must be satisfied using the available evidence a decision can be made without contact
• Procedure ends here
• Go to Step 5

If the natural/adoptive parent or previous carer has not been identified by the customer, the child's record may be used to find out the previous carer's details.

Was the previous carer of the child receiving income support entitlements for this child?

• Yes, and the previous carer:

• has already notified that the child has left their care, go to Step 8
• has not notified, go to Step 6

• No, go to Step 8

Attempt to contact the previous carer to verify the change in care.

If unable to contact by telephone, run the Child - Change in Care Arrangements script to send the appropriate letter to request evidence of the care arrangements. Consider relevant privacy issues when referring to the other carer in the letter.

Place the work item/claim on the claimant's record on hold for 14 days, consider additional time depending on delivery method. See Requesting information (CLK) for further information.

Is there a dispute as to who has care of the child?

• Yes, go to Step 7
• No, go to Step 8

If there is disagreement over care arrangements, a determination must be made as to who is the principal carer of the child. A child can be the principal carer child of only 1 customer.

If the customer advises:

• The child is absent temporarily from the person who normally cares for them, determine if the customer with principal carer status remains eligible to payments and/or remains the principal carer of the child during the absence. See Child leaves customer's care/custody

• They have informed Child Support of the change in care arrangements, a Child Support assessment is present. It will be used in the majority of cases to assess Social Security shared care. See Shared care for social security payments

For determination of principal carer status, see Principal carer of a dependent child.

Procedure ends here.

Does the customer have either:

• legal responsibility and care of the child, or

• whole or substantial care of the child and no one else with legal responsibility for the child has care?

See the References page for a link to foster child qualification guidelines.

• Yes, see Table 2, Step 1

• No, go to Step 9

If the child is not a dependent child of the customer, the child record should not be linked to the customer.

If the child is currently linked to the customer as shown on the Child Selection (CHS) screen, the child should not be coded as in the customer's care on the Child In Customer Care (CHC) screen. If necessary, code 'TOP' on the Child Override/Claim (CHOC) screen to override eligibility if the child is currently assessed for PP/ JSP/YA/SpB.

For help, see Principal carer of a dependent child.

Does the customer have another qualifying principal carer child in their care?

• Yes, see Table 2, Step 2

• No:
• PP will auto reject/cancel as the customer has no qualifying children
• For JSP/YA/SpB, check principal carer status on the PCCD screen
• When making an unfavourable decision, speak to the customer to explain the decision, give them a chance to provide more information, and advise their review and appeal rights
• Record details on a DOC
• See Table 2, Step 1

If the child is not listed on the Child Selection (CHS) screen on the customer's record, link the foster child to the customer's record. See Linking a child to a customer's record.

If necessary, code change in care/custody by completing coding on both the customer and previous carer record. See Shared care for social security payments.

Ensure coding is completed on the Child In Customer Care (CHC) screen.

On the Child Override/Claim (CHOC) screen check that a PPP/ NSS claim line exists for child.

On the Child Miscellaneous Circumstances (CHM) screen, code Principal Carer Type: field to indicate the foster care arrangement.

If the customer has mutual obligation requirements, they may be granted a foster carer exemption. See Exempting a job seeker from mutual obligation requirements due to special circumstances.

Does the customer qualify for their income support payment?

For help, see:

Claiming Parenting Payment (PP)

Eligibility for JobSeeker Payment (JSP)

Eligibility for Youth Allowance (YA) (job seeker)

Eligibility for Special Benefit (SpB)

• Yes:

• Grant PPP/PPS/JSP/YA/SpB or reassess current payment to include the foster child. For JSP/YA/SpB, check principal carer status on the PCCD screen and code the appropriate exemption from mutual obligation requirements. See Mutual obligation requirements for principal carers
• Foster Care Allowance paid for a child is exempt from the income test under social security law. For help, see Parenting Payment Single (PPS) income and assets tests
• Before finalising activity on the Assessment Results (AR) screen, check child eligibility details and rate of payment are correct. Record details on a DOC

• No:

• Reject or cancel payment if the customer is not qualified
• When making an unfavourable decision, speak to the customer to explain the decision, give them a chance to provide more information, and advise their review and appeal rights
• Record details on a DOC

If the customer's PP claim has been rejected due to the age of their youngest child, check entitlement to JobSeeker Payment or Youth Allowance as a principal carer of a dependent child.

Does the customer want to claim family assistance or Paid Parental Leave (PPL) for the child?

• Yes, go to Step 4
• No, check eligibility for a Health Care Card that covers their foster child only. Procedure ends here

• Current Family Tax Benefit (FTB) customers who wish to add an older child (not a newborn) do not need to lodge a claim. However evidence of the legality of the care arrangement is required to make a care determination

• Create a Fast Note, select Auto Text. Use Families > Claim Enquiries > Notification of additional child entering care

Customers who are not current must complete a claim and supply evidence of the legality of the care arrangement. See:

• Claiming family assistance and PPL for a newborn child
• Claiming FTB) instalments for children in care other than a newborn or adopted child

If the customer's FTB is not reduced by the income test, they will be automatically entitled to a Health Care Card covering their family. Otherwise, the claim for family assistance will also be used as a claim for a Health Care Card (HCC) for a foster child.

The customer may be eligible for Child Care Subsidy (CCS), even if FTB child requirements are not met.