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Eligibility for Family Tax Benefit (FTB) for Approved Care Organisations (ACO) 007-07040030



Examples

Examples of legal responsibility and temporary care provisions

Table 1

Item

Description

1

Child arrested - returned to parents care before court appearance

Child has been arrested on a Friday evening and placed in the local watch house for the weekend before being arraigned.

Once arraigned, the child is returned to their parents care before their court appearance.

Until the child has been remanded into the custody of a Youth Justice Centre, the child is still the legal responsibility of the parent. The parent retains eligibility for FTB.

2

Child arrested - sent to Youth Justice Centre before court appearance

Child has been arrested on a Friday evening and placed in the local watch house for the weekend before being arrested.

Once arraigned, the child is sent to a Youth Justice Centre while awaiting their court date.

As the child has been remanded into the custody of a Youth Justice Centre, the child becomes the legal responsibility of the Youth Justice Centre from the date they are remanded.

3

Child removed from care

Child has been removed from parent's care for 3 weeks by a state child protective service. Care of the child now sits with the relevant State Department.

This change is not considered a temporary absence as legal responsibility now belongs to the relevant state department; FTB for the child is to be cancelled from the date the child has been removed.

4

Child placed in to care by parent

FTB child out of care less than 4 weeks. Parent A calls to advise they have placed their child in to care with the Smith Family (an ACO) for 2 weeks while they are recuperating in hospital. As the care is only temporary and informal, Parent A is able to retain their FTB entitlement.

FTB examples of legal responsibility and temporary care provisions

Table 2

Initial carer

New carer

Forced removal (either by Child Services or Law Courts) or voluntary

Example length of time

Who receives FTB

Parent/carer's care

Youth Justice Centre (detention centre/Prison)

Forced - formal change in care.

This is a court ordered incarceration.

1 or more days

Youth Justice Centre - as they have legal responsibility transferred to them. Not an FTB child of the individual.

Parent/carer's care - child only arrested

Youth Justice Centre or a local watch house

Neither - no change in care

2-3 days

Parent - as they retain legal responsibility - the child has been arrested but not found guilty and sentenced.

Parent/carer's care

ACO - Foster Care agency (for example, Barnardo's or The Smith Family)

Forced - formal change in care

1 or more days

ACO - as they have legal responsibility transferred to them. Not an FTB child of the individual.

Parent/carer's care

ACO - Foster Care agency (for example, Barnardo's or The Smith Family)

Voluntary - informal change in care

21 days

Parent - as they retain legal responsibility, but are requesting a break/support.

ACO (a) to ACO (b)

ACO (b) - Foster Care agency (for example, Barnardo's)

Forced - formal change in care

14 days

ACO (b) - ACOs are only paid when the child is in their care.

Youth Justice Centre (a) to Youth Justice Centre (b)

Youth Justice Centre (b)

Forced - formal change in care

17 days

Youth Justice Centre (b) - ACOs are only paid when the child is in their care.

ACO

Foster care

Forced and/or Voluntary - formal change in care

Unknown

New Foster carer - as responsibility of the child has been delegated to the new carer - the ACO retain legal responsibility but payment moves to the foster carer.

ACO Spreadsheet

Once an organisation has been granted ACO status, the ACO Smart Centre Processing team will email the organisation the 'ACO admission, transfer or discharge spreadsheet'. This spreadsheet is used to claim Family Tax Benefit (FTB) for children entering care and/or leaving care. The spreadsheet is emailed to the ACO Smart Centre Processing team to assess FTB, or action changes in care.

Office Locator

Services Australia website