Eligibility for Stillborn Baby Payment (SBP) 007-04060000

Category

Description

1

Customer not eligible for PPL

Sarah lodges a Claim for Bereavement Payment (FA008) on 10 May 2020 for baby Daniel, delivered stillborn on 18 May 2019. On the FA008, Sarah wants to claim PPL.

On 20 May 2020, Sarah's claim for Parental Leave Pay (PPL) is rejected as Sarah did not meet the work test requirements. The Families Bereavement Processing Team contact Sarah to complete a claim for SBP. Sarah's claim for SBP is granted on the same day.

Sarah lodged her claim for PPL within the allowable timeframe of 52 weeks beginning on the day of delivery of Daniel. Although Sarah’s claim for PPL was rejected more than 52 weeks after the stillbirth, Sarah was able to lodge a claim for SBP within 13 weeks of the date that Sarah was notified of the PPL rejection.

2

Customer has other children

Karen is partnered and receiving Family Tax Benefit (FTB) for 2 children, Luke and Emily.

On 15 April 2020, Karen gives birth to a stillborn child, Jonah.

Karen claims SBP on 3 May 2020 and provides an estimate of the combined adjusted taxable income (ATI) for the 6 month (26 week) period, 15 April - 14 October 2020.

Karen's estimate meets the Stillborn Baby Payment income test and is considered reasonable. Karen is granted SBP

Although Karen is receiving FTB Part A for Luke and Emily, this eligibility to FTB Part A is not used to determine her eligibility for SBP for Jonah. This is because Karen meets the Stillborn Baby Payment income test.

3

Customer claims while overseas

Mary and Tom are Australian citizens living overseas. They have a child, Ben.

Mary gives birth to a stillborn child, Kate on 1 January 2020 and lodges a claim for SBP while still living overseas.

As Mary is not currently residing in Australia and has been overseas for an extended period at the time of claim, Mary does not meet Australian residence requirements within 26 weeks of delivery of the stillbirth, and is therefore not eligible for SBP.

The family returns to Australia on 1 August 2020 and Mary lodges a claim for FTB instalments for Ben. Her claim for FTB is granted. A Manual Follow-up (MFU) is generated to follow-up Mary’s entitlement to SBP. This allows the original claim for SBP to be reassessed without the need for Mary to lodge a new claim.

Mary is paid SBP for Kate. This is because Mary became eligible for FTB Part A within 52 weeks of the delivery of the stillborn child.

4

Customer claims, not residentially qualified, is later granted a permanent visa within 26 weeks of stillbirth

Matteo and Maria are residing in Australia with their 3 children. They are both holders of a Visa subclass 457 and not eligible for any payments.

In August 2020, their child Anton is stillborn and Matteo lodges a claim for SBP. The claim is Rejected - Not Residentially Qualified (NRQ). A Future Activity (FAL) review is automatically created.

On 1 October 2020 they are both granted a Visa subclass 186, which satisfies the residence requirements for Family Tax Benefit (FTB).

Even though Matteo satisfies the residence requirements, Matteo is still not eligible for FTB Part A. This is because they are subject to a Newly Arrived Resident’s Waiting Period (NARWP) as their permanent visa’s were granted after 1 January 2019.

As there are no NARWP for SBP and Matteo would have been eligible for FTB within 26 weeks of Anton’s delivery (except for the NARWP), then SBP is payable.

A new claim is not required. Instead the rejected claim can be reassessed by entering a 'CLM' line on the Child Override/Claim (CHOC) screen for the stillborn child.