Conducting an assessment of care on an informal basis where a child may be at risk of harm 003-12040030

Some children live with adults who provide care for them on an informal basis, however, these 'caring' arrangements may not be in the best interests of the child.

The case should be referred to a social worker if the child is not a family member of the person claiming Family Tax Benefit (FTB) or a social security payment that is dependent on the provision of care for a child, and:

• the person has not supplied documentation to support that the child is legally in their care, or
• the person has previously lost care of children

In addition, children who are being cared for by a family member who are themselves under 18 should be referred.

These children are considered to be at risk of harm and a social worker assessment should be completed.

The social worker may interview the customer and losing carer either face-to-face or via telephone.

The social worker will:

• attempt to contact the losing carer to advise that a claim has been lodged for the child, unless the contact presents a serious risk to the child or others, such as siblings
• obtain information about:
• the reason for the change
• when the change of care occurred, and
• the likely duration of the change
• consider whether disclosure of information in the public interest is required
• consult with a Social Work Manager on any identified serious risk issues

The social worker will then:

• attempt to contact the customer who is claiming for the child, unless contact with the customer presents a severe risk to the child or others
• compare and discuss with attention to any inconsistent details:
• the reason for the change
• when the change of care occurred
• the likely duration of the change
• the nature of the care being provided
• consider whether disclosure of information in the public interest is required
• consult with a Social Work Manager on any identified serious risk issues

If the case involves a:

• child of an Aboriginal or Torres Strait Islander group, then the social worker should consult with an Indigenous Specialist Officer (ISO) about any relevant cultural issues
• child from a culturally and linguistically diverse (CALD) background, the social worker should consult with a Multicultural Service Officer (MSO) about any relevant cultural factors

Cases may arise where the parties cannot agree on when/if a change in care arrangements has occurred.

The social worker should make a recommendation about payment of FTB, and other affected payments to the Service Officer based on the information received.

This report from the social worker can be included as evidence to assist the Service Officer to make a decision about whether a claim should be granted.

While the case is being referred to the social worker, any payment the losing carer is receiving for the child should not be cancelled before the social worker has made a recommendation.

A social worker or another delegate may determine a disclosure of information in the public interest referral to the relevant State/Territory welfare agency is required in some cases. The decision about whether the child is an FTB child of the applicant is separate from an assessment about whether the child is at risk of harm in the applicant’s care. The Service Officer must decide whether to grant the claim, or hold it pending any State/Territory action to remove the child from the person’s care.

Note: however, if the child has been away from the previous carer for more than 4 weeks, payment should be cancelled unless the disputed care provisions apply.