Residence assessment for customers claiming Family Tax Benefit (FTB), Parental Leave Pay (PPL) and Dad and Partner Pay (DAP) 007-05020020

Family Assistance Guide, 2.1.1.10, FTB child

Family Assistance Guide, 2.2.1, FTB eligibility criteria for individuals

Family Assistance Guide, 2.1.2, Australian residence and portability

Family Assistance Guide, 2.1.2.10, Residence requirements

Family Assistance Guide, 2.1.2.20, Verifying residence/citizenship

Family Assistance Guide, 2.2.1.10, NARWP for FTB Part A

Guide to Social Security Law, 9.2, Visa subclasses & payment eligibility for visas issued after 1/9/94

Guide to Social Security Law, 3.1.1.10, Residence requirements

Holders of classes of temporary visas may become exempt, as declared by the Minister. See Guide to Social Security Law, 3.7.1.10, Qualification for SpB

Paid Parental Leave Guide, 2.4, PPL scheme Australian residency test & absences from Australia for PLP

Paid Parental Leave Guide, 2.3.4, PPL scheme Australian residency test & absences from Australia for DAPP

Paid Parental Leave Guide, 2.4.3, NARWP for PLP

Links to the Federal Register of Legislation site goes to a 'Series' page. Select the 'Latest' version.

The A New Tax System (Family Assistance) Act 1999 defines an Australian resident as having the same definition as the Social Security Act 1991. However, section 21 of the A New Tax System (Family Assistance) Act 1999 also states that a person with a Special Category Visa (SCV) residing in Australia or a person holding a visa qualifying them for Special Benefit (SpB) may also be eligible for Family Tax Benefit (FTB).

Social Security Act 1991, section 7, Australian resident definitions

A New Tax System (Family Assistance) Act 1999

• section 21, When an individual is eligible for FTB in normal circumstances
• section 61AA, Part A rate of FTB is nil for a day in newly arrived resident's waiting period

Paid Parental Leave Act 2010

• section 31A, Newly arrived resident's waiting period (PPL)
• section 45, When a person satisfies the Australian residency test
• section 46, Effect of absence from Australia on Australian residency test

Note: for Authority to apply legislation relating to children born or adopted before 1 July 2023, use the superseded version of the Paid Parental Leave Act 2010 registered on 17 August 2022. Authority is given in Schedule 3, Part 2 of the Paid Parental Leave Amendment (Improvements for Families and Gender Equality) Act 2023.