Residence assessment for customers claiming Family Tax Benefit (FTB) and Parental Leave Pay (PPL) 007-05020020
This document outlines the Australian residence requirements for Family Tax Benefit (FTB) and Parental Leave Pay (PPL).
On this page:
Residence requirements for FTB and PPL
Assessing if the customer has served or is exempt from the NARWP
Child living in Australia assessment
Residence requirements for FTB and PPL
Table 1
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Residence requirements for FTB and PPLTo be eligible for FTB and PPL, a customer must generally be residing in Australia and satisfy one of the following:
In certain circumstances a customer must also satisfy the Newly Arrived Resident's Waiting Period (NARWP) or have an exemption. Residence requirements for Family Tax Benefit For FTB, the claimant must satisfy the residence requirements at the date of claim. The partner does not have to meet the residence requirements for the customer to be eligible for FTB. However, the partner must meet the residence requirements (and provide proof) for Health Care Card (HCC) purposes, which includes being noted as a partner on the customer's FTB maximum rate HCC. Residence requirements for Parental Leave Pay For PPL, the claimant must satisfy the residence requirements for post birth claims on the:
For pre-birth claims they must also meet the requirements on the date they lodge their claim. The Approval Giver (e.g. birth mother) is not required to meet the residence requirements, including serving the NARWP, for the Approval Seeker (e.g. biological father or partner of birth mother) to be eligible for PPL. However, the Approval Giver is still required to provide approval for the Approval Seeker to receive up to the maximum number of PPL days for the child. If the PPL claimant ceases to meet the residence requirements at any point after the grant of their claim, for example their qualifying visa is cancelled, their entitlement to PPL ceases from last day residentially qualified plus 1 day. See Changing Australian residence details for family assistance and Paid Parental Leave scheme customer/child. Residence requirements for Stillborn Baby Payment (SBP) SBP has the same residence requirements as FTB, however they do not have to serve the NARWP. To be eligible for SBP, a claimant must meet the FTB residence requirements within 26 weeks of the day of the child's delivery or qualify for FTB for another child within 52 weeks of the stillbirth. | |
Determine if the customer is residing in AustraliaOnly customers who reside in Australia are eligible for FTB and PPL. Residing in Australia means that Australia is where the person principally lives on a long-term basis. Determining if a customer is residing in Australia requires a discretionary decision. This means the Service Officer must:
For help in making this decision , see Deciding if a customer is residing in Australia. If payment is already current and there is significant evidence to support the fact the customer never lived in Australia, a debt may be raised from the date of grant. Note: if a customer is overseas temporarily, they are still considered to be residing in Australia. Is the customer residing in Australia?
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Determine if the customer has Australian citizenship or holds a qualifying visaCheck the RSLEG screen for the following:
Australian citizenship Australian citizenship must be verified for all claims, see Proof of Australian citizenship. The customer must provide proof of Australian citizenship if:
Permanent visa To check whether a visa is permanent or temporary, see the Guide to Social Security Law, 9.2, Visa subclasses & payment eligibility for visas issued after 1/9/94. The References page contains a link. Special Category visa If the customer is a SCV holder and not born in New Zealand, code the country of citizenship as New Zealand on the RSLEG screen to ensure the correct residence qualification is assessed. For more information on SCVs, see Australian Residence Rules for New Zealand citizens. Does the customer have Australian citizenship or a qualifying visa on the dates required for their claim (as outlined in Step 1) recorded on the RSLEG screen?
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Holder of visa subclass 403Customers who hold visa subclass 403 are eligible for FTB if they:
To check if the customer has been approved for Family Accompaniment:
Visa Qualifier Details will need to be updated by CIS (see Referring inconsistencies in overseas departure and arrival information to Centrelink International Services (CIS)) before the claim can be finalised if:
Does the customer/partner have FAA coded in the Visa qualifier code field?
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Determine if the customer is physically in AustraliaDepending on the length of absence, a customer may be eligible to claim if they are temporarily overseas. Check the RSIM screen for the latest arrivals into and departures from Australia. FTB claims – a person is eligible to claim if the original date of departure is less than 6 weeks. PPL claims – a person is eligible to claim if the original date of departure is less than 56 weeks. Note: the 56 weeks starts from the date the customer leaves Australia regardless of whether they have a child in their care or are in receipt of family assistance payments at that time. Is the customer currently inside Australia?
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Customer is not residentially qualified for FTB and PPLThe customer does not satisfy the residence requirements for FTB and PPL. Check if another person is eligible for payment for the child. Note: if the customer has a child who is an Australian citizen, holder of a permanent visa or holder of certain temporary visas that qualify customers for some payments, they may be eligible to claim SpB for the child. See Special Benefit (SpB) for Australian Citizen Child (ACC) and Australian permanent resident children. Finalise the claim Procedure ends here. |
Residence assessment for FTB and PPL claims lodged from overseas by holders of a certain temporary visa subclass
Table 2
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Determine if the customer is physically in AustraliaDepending on the length of absence, a customer may be eligible to claim if they are temporarily overseas. Check the RSIM screen for the latest arrivals into and departures from Australia. Is the customer inside Australia?
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Determine the temporary visa subclassCheck the Legal Residence Details (RSLEG) screen for visa details. A customer receiving payment who holds a visa subclass 309, 785 (granted on or after 16 December 2014), 790 or 820 may receive a payment for a specific negotiated period if they are overseas for an approved reason. If the customer holds one of these visas, check if the visa was valid on the date(s) required for their claim to be granted (as outlined in Table 1 > Step 1). Is the customer the holder of a visa subclass 309, 785 (granted on or after 16 December 2014), 790 or 820 on the dates required for their claim?
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Check if the customer is overseas for an approved reason that would allow paymentThe approved reasons for absence are:
For more information about payment for these reasons, see Restricted portability for payment during overseas absences where customer has special circumstances. If the customer has indicated they are overseas for an approved reason, refer the case to Centrelink International Services (CIS). See Family Tax Benefit (FTB), Child Care Subsidy (CCS) and Paid Parental Leave scheme customer/child going overseas. When CIS has completed their assessment, continue with this process. Is the customer overseas for an approved reason?
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Customer is not residentially qualified for FTB and PPLThe customer does not satisfy residence requirements for FTB and PPL. Check if another person is eligible for payments for the child/ren. PPL If a customer is residentially qualified for PPL for a child because they are the holder of a certain temporary visa and their payment ceases while overseas, they may be eligible for any unpaid PPL days if they become residentially qualified for PPL within 2 years of the child's date of birth/entry into care. Note: if the customer has a child who is an Australian citizen, holder of a permanent visa, or holder of certain temporary visas that qualify customers for some payments they may be eligible to claim SpB for the child. See Special Benefit (SpB) for Australian Citizen Child (ACC) and Australian permanent resident children. Finalise the claim |
Assessing if the customer has served or is exempt from the NARWP
Table 3
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Check citizenshipAn Australian citizen has an automatic exemption from the NARWP. Service Officers must:
To be considered an Australian citizen for the purposes of:
For pre-birth claims they must also be an Australian citizen on the date they lodge their claim. Claimants should lodge a new claim following the child’s birth/entry into care if they:
Is the customer an Australian citizen?
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Check for a Special Category visa (SCV) subclass 444A holder or former holder of an SCV has an automatic exemption from the NARWP. Check the RSLEG screen for visa details, including the subclass code. To be considered the holder or former holder of a SCV subclass 444 for the purposes of:
For pre-birth claims the customer must also held or have held the visa on the date they lodge their claim. Is the customer the holder or former holder of a SCV subclass 444?
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Check if a refugee visa is or was heldA refugee or former refugee has an automatic exemption from the NARWP. Check the RSLEG screen for visa details, including the subclass code. If the customer's visa subclass (either now or previously) was a refugee visa, the system will record it on this screen from the Immigration Datalink. Refugee visas can be determined using:
To be considered a refugee or former refugee for the purposes of:
Note: for pre-birth claims the customer must also have been a refugee or former refugee on the date they lodge their claim. Is the customer a refugee or former refugee?
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Check for a Remaining Relative or Orphan Relative visaAn automatic exemption from the NARWP applies to a customer who holds:
Check the RSLEG screen for visa details, including the subclass code. To be considered the holder of visa subclass 115, 117, 835 or 837 for the purposes of:
Note: for pre-birth claims they must also hold the visa on the date they lodge their claim. Does the customer hold visa subclass 115, 117, 835 or 837?
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Check visa subclass 192A customer who holds a Pacific Engagement (subclass 192) visa has an automatic exemption from the NARWP for FTB Part A. Check the RSLEG screen for visa details, including the subclass code. The customer must hold visa subclass 192:
Does the customer hold visa subclass 192?
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Check if a NARWP exemption applies due to other certain visasCheck the RSLEG screen for visa details, including the subclass code. Certain visas automatically exempt a customer from serving the NARWP. They are:
To be considered the holder or former holder of one of the above visas for the purposes of:
Note: for pre-birth claims they must also hold or have held the visa on the date they lodge their claim. Is the customer a holder or former holder of one of the above visas?
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Check visa subclass 309 or 820If a person has been the holder of a permanent resident or PPV (subclass 309 or 820) prior to 1 January 2019, they are not required to serve the NARWP for FTB Part A and PPL. Check the RSLEG screen for visa details, including the subclass code. Rules for 309 and 820 visas apply to holders and former holders of those visas, including when they have subsequently been granted a different permanent visa. The Resources page contains examples of customers with 309 and 820 visas. Was the customer granted their first permanent resident visa or PPV 309 or 820 before 1 January 2019?
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Check if the 309 or 820 visa requires manual NARWP assessmentIn most instances, the warning message W100FY – Customers NARWP may need to be assessed manually will display. Does the customer hold or previously held a 309 or 820 visa granted on or after 1 January 2019 that has an application date before 1 January 2019?
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Determine if the NARWP has been servedTo serve the NARWP the customer must be physically present in Australia as an Australian resident (or physically present in Australia from the application date as the applicant/holder of visa subclass 309 or 820) for:
Check the Periods of Australian Presence (RSPAP) screen. This displays the periods the customer has been physically in Australia while an Australian resident. Check for NARWP start and projected end dates:
For customers with a 309 or 820 visa, the NARWP is calculated using time spent in Australia since their visa application date. The required time for:
Claimants who lodge a pre-birth claim and do not meet the NARWP may lodge a new claim on or after the child’s birth/entry into care if they meet the NARWP on the day the child is born/entered their care. Has the customer been in Australia as an Australian resident (or the applicant/holder of a 309 or 820 visa subclass) for the required period of time?
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Determine if the NARWP was served before or during the period claimedIf the customer served the NARWP:
Check if the child is living in Australia for FTB/PPL purposes, see Table 4. | |
Determine if the customer is or was a family member of a refugee or former refugeeFor this purpose, family members include the following:
A customer is exempt from the NARWP if they were the family member of a refugee or former refugee at the time the person became a refugee and a family member at one of the following times:
Note: for pre-birth claims they must also be a family member of a refugee or former refugee on the date they lodge their claim. If the family member is now an Australian citizen, they are no longer considered a refugee (they are a former refugee) but the customer can still be covered by this exemption. Was the customer a family member of a refugee or former refugee at the required times?
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Customer receiving social security pension or benefit, FHA or PPLFor an exemption from the NARWP for FTB Part A or PPL the following payments are considered to be a social security benefit or pension:
For the purposes of this exemption, the customer is deemed to be in receipt of a social security benefit, social security pension, FHA or PPL if they were in receipt of the payment:
Is/was the customer receiving a social security benefit, social security pension, FHA or PPL?
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Customer must serve the NARWPTo serve the NARWP the customer must be physically present in Australia for the duration of the NARWP (52 or 104 weeks), as an Australian resident or the applicant/holder of 309 or 820 visa. FTB - If the FTB customer is:
PPL To meet the residence requirements and be eligible for PPL the customer must serve the NARWP the day before:
For claimants who are Australian residents or live in Australia as the holder of a qualifying visa, the end date of the NARWP is calculated and recorded on the PPL Waiting Periods Calculations (P1PAP) screen in Process Direct. If outside a claim, this can be accessed via the PPL Claim Summary (P1CS) screen in Customer First. Use this when advising the customer of future entitlement. Record past periods of residence on the Country of Residence (CRES) screen if:
If the claim is incorrectly granting when the customer has not served or is not exempt from the NARWP, check the Family Member/Refugee Code on the Residence Savings (RSS) screen. If FMC, FME or PRE is coded, refer the case to CIS for exemption coding to be ended. Note: the Approval Giver (e.g. birth mother) is not required to meet the residence requirements, including serving the NARWP, for the Approval Seeker (e.g. biological father or partner of birth mother) to be eligible for PPL. However, the Approval Giver is still required to provide approval for the Approval Seeker to receive up to the maximum number of PPL days for the child. If the claim is PPL only, finalise the claim. See Processing standalone and combined claims for family assistance and/or Paid Parental Leave scheme payments. | |
Customer's partner is not subject to a NARWPA customer's partner may not be subject to the NARWP, for example, because they are:
If the customer's partner is not subject to a NARWP, they may be eligible for FTB Part A. Make a genuine attempt to contact the customer to talk about their partner claiming FTB. If the customer is subscribed to electronic messaging, send a pre-call notification (SMS) before calling. See Centrelink letters online and Electronic Messaging. If the customer does not answer:
Was the attempt to contact the customer successful?
Note: where a request to contact (Q164) was sent solely due to possible entitlement for the partner, do not reject the claim for failing to reply to correspondence. |
Child living in Australia assessment
Table 4
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Child residenceFTB FTB children must meet residence requirements. An FTB child must be one of the following:
Note: child legal residence questions are not asked in FTB claims as if the child is ‘living with the customer’ (which they must be an ‘FTB child’), they meet the child residence rules. It is then not required to determine the child’s legal residence status. PPL There are no residence rules for PPL children however the child’s Country of Residence (CHCRES) screen should be coded for ‘in care’ purposes. FTB and PPL claims:
Check the child’s country of birth as advised in the claim. Was the child born in Australia?
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Check claim answer - child arrived in AustraliaCheck if the customer has advised that the child has arrived in Australia:
Has the customer answered ‘yes’ to the relevant above question in their claim?
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Check child’s arrival in AustraliaAs the customer has advised the child has travelled, the child should have an immigration record. Use movement information received via the Immigration Datalink to verify the child’s first date of arrival in Australia. For FTB/PPL combined claims:
For PPL standalone claims:
Is movement information displaying on the CHRSIM screen?
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CIS investigation completeView the DOC ‘IRN Match [Found] or [NOT Found] – Child/ren’ on the customer’s record. Did CIS find an immigration record for the child?
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Examine movementsCheck the child’s movements to and from Australia. Consider if the child is ‘living in Australia’. For example, if there is:
If the child lives overseas and the customer resides in Australia, the child would not be considered to be in the customer’s care for the purposes of FTB or PPL. Temporary inability to care provisions may apply if the customer and child are in different countries for reasons out of the customer’s control. Based on the movements, is the child considered to be living in Australia?
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Child living in AustraliaOn the CHCRES screen code an entry with:
Any departures after this date will be treated as temporary. Continue to assess the claim. See Processing standalone and combined claims for family assistance and/or Paid Parental Leave scheme payments. Procedure ends here. | |
Child not in AustraliaContact the customer to discuss the circumstances around why the child is overseas but the customer is in Australia. Although the child is not in Australia, there could be reasons for living in separate countries that could mean the child is still considered to be in the care of the customer for FTB/PPL purposes, for example:
There are some reasons for living in separate countries where the child would not be considered to be in the care of the customer for FTB/PPL purposes. For example, the child is in the physical day-to-day care of another relative overseas, such as a grandparent, due to cultural or other reasons. Based on the further investigation, does the Service Officer consider the child to be living in Australia?
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