Customer or partner under the age of consent 106-07120060

Under associated law and policy (see References), a person is a member of a couple if they are:

• legally married
• in a registered relationship
• in a de facto relationship, and
• not in a prohibited relationship
• both over the age of consent in the state or territory where they live
• not living separately and apart on a permanent or indefinite basis

See the References page for a link to the Social Security Guide for the full definition of a MoC and the applicable age of consent per state/territory.

Both members of a couple must be over the age of consent, applicable to the state or territory where they live, for a de facto relationship to be recognised.

If there is a significant age gap between a customer and their partner, and it is suspected the younger person may be under undue influence from the older person, follow the risk and referral process.

If a customer receiving an income support payment is living in a member of a couple relationship with a person and one or both partners are under the age of consent for the state/territory where they live, they are not considered a member of a couple under the applicable law/policy.

However, although the customer and their partner are not considered a member of a couple, their rate of payment is not to exceed the rate payable if they were a member of a couple (partnered rate). Even though the relevant law/policy does not recognise the customer and their partner as a member of a couple, they are still paid at the partnered rate as outlined in the rate calculators within the Social Security Act.

The income and assets test is to apply as though they were a member of a couple and a manual ‘partnered’ rate is to be paid to the customer and their partner.

Note: where a customer or their partner are under the age of consent and receive ABSTUDY Living Allowance, they are not considered a member of a couple and are paid at the single rate.

Parenting Payment (PP)

A customer under the age of consent may have a dependent child in their care and may claim Parenting Payment.

As a customer under the age of consent cannot be considered a member of a couple, they also cannot be linked to a partner and must be assessed under general qualification requirements for PP as a single person instead of as a partnered person. They will be paid a manual partnered rate but still qualify for any relevant add-ons under the single rate, for example, Pharmaceutical Allowance. The partnered income and assets test will still be applied to the recipient in this circumstance when calculating the manual rate of entitlement.

The age of consent differs for each state and territory. See the References page for a link to the Social Security Guide, 3.2.5.20, De facto relationships (YA & DSP), to identify the applicable age of consent per state/territory.

A customer under the age of consent may have a dependent child in their care and may claim family assistance.

The definition of a member of a couple under family assistance law is the same as social security law. Therefore, the customer is treated as single. They cannot be considered a member of a couple, because one person is under the age of consent.

The rate of Family Tax Benefit (FTB) Part A and Child Care Subsidy (CCS) is based on the adjusted taxable income circumstances of the customer only.

FTB Part B is not income tested if the customer is assessed as single and receiving an income support payment. If the customer is not receiving an income support payment, FTB Part B is payable if the customer's adjusted taxable income does not exceed the Part B primary earner income limit.

While there is no minimum age for claiming child support, if either member of the couple is under the age of consent and living with the parent of their child, they are not required to take reasonable action to obtain child support against that person.

The customer will need to have their maintenance action for the applicable child/ren manually coded to show they are passing the Maintenance Action Test (MAT). Maintenance action will need to be reviewed when the youngest partner reaches the age of consent, or when the parents separate if this occurs first.