4.15.1 Claims for SBP

Summary

A claim for SBP can be made without an FTB claim. SBP is subject to a separate income test from FTB depending on the family's circumstances. This topic includes:

  • who can claim SBP,
  • not effective SBP claim,
  • types of claim,
  • lodgement of SBP claim,
  • provision of estimate of income for SBP claim,
  • TFN requirements,
  • verification of stillborn child's DOB, and
  • restrictions on claiming SBP.

Who can claim SBP

Only an individual can claim SBP. An ACO (1.1.A.80) cannot claim SBP.

Note: ACOs include:

  • a foster care agency, or
  • a charitable institution that arranges pre-adoptive care.

Act reference: FAAct section 36 When an individual is eligible for SBP in normal circumstances

Not effective SBP claim

A claim for SBP is not effective unless:

  • it is made in a form and manner which contains any information and is accompanied by any documents required by the Secretary, and
  • (in the case of a claim for SBP in normal circumstances) the claim contains the sum of the individual's ATI and, if the individual is a member of a couple on the day the claim is made, the ATI of their partner for the 6 month period beginning on the day of the stillborn child's delivery, and
  • (in the case of a claim for SBP in normal circumstances) the TFN requirements are met (4.1.1.70), and
  • (in the case of a claim for SBP because of the death of another individual) it contains the TFN of the TFN substitution person (1.1.T.50), and
  • (in the case of a claim for SBP in normal circumstances) the claim is made before the end of the period of 52 weeks beginning on the day of the stillborn child's delivery.

A claim for SBP is not effective if the claimant has previously made a claim based on the same circumstances (whether or not the claim has yet been determined).

If a claim is effective, the Secretary must determine the claim. If the claim is not effective, it is taken not to have been made.

Act reference: FA(Admin)Act section 36 Need for a claim, section 37 Who can claim, section 38 How to claim, section 39 Restrictions on claiming, section 41 Secretary must determine claim

Policy reference: FA Guide 4.15.2 Determination of SBP Claims

Types of claim

An individual may make a claim for SBP:

  • in normal circumstances claim, or
  • because of the death of another individual (i.e. a bereavement claim).

Note: If an individual is eligible for SBP for a child and the individual dies before they have been paid SBP, a bereavement claim for SBP for that child may be made by another individual where the Secretary considers that the other individual ought to be eligible for the payment. If SBP is paid to the other individual for that child, no one else is or can be eligible for the payment for that child.

Act reference: FAAct Part 3 Division 2 subdivision B Eligibility of individuals for SBP where death occurs

Lodgement of stillborn baby claim

A claim for SBP in normal circumstances must be lodged before the end of the period of 52 weeks beginning on the day of the stillborn child's delivery.

If an individual is unable to make a claim for SBP in normal circumstances because of severe illness associated with the birth of the stillborn child, the Secretary may extend the SBP claim period as they consider appropriate.

Where an individual or their partner has claimed PLP for the stillborn child and the claim is rejected within 13 weeks of the end of the 52 week SBP claim timeframe, or after the end of the 52 week SBP claim timeframe, an SBP claim may be lodged for that child within 13 weeks after the day on which the notice of rejection of the PLP claim is given.

Example: Renee gave birth to a stillborn child on 31 March 2014 and later lodges a PLP claim for this child on 31 January 2015. Renee's PLP claim is rejected on 28 February 2015. Renee is able to lodge a claim for SBP for her stillborn child within 13 weeks of the date she is notified that the PLP claim was rejected.

Where an individual has a stillborn child and claims FTB Part A for another child in relation to a day which is within 52 weeks beginning on the day of the stillborn child's delivery, and notification of the FTB Part A grant is given either within 13 weeks of the 52 weeks SBP claim time limit or outside of the 52 week SBP claim limit, an SBP claim may be lodged for the stillborn child within 13 weeks of the day on which notice of the grant of the FTB Part A claim is given. This applies to both instalment and lump sum/past period FTB claims and could potentially extend the time limit on SBP claims over a longer period.

Example: Tully gave birth to a stillborn child on 1 May 2014 and did not claim SBP for her child as she knew she would not meet the $60,000 income test. On 5 April 2015, she gives birth to a daughter and lodges a claim for FTB Part A and is granted payment on 25 April 2015. Tully is able to lodge an SBP claim for her stillborn child within 13 weeks of the date she is notified that the FTB claim was granted.

Note: Fifty-two weeks is a period of 364 days. For example, if a child is stillborn on 1 January in a non-leap year, 364 days (52 weeks) from the DOB would end on midnight of 30 December.

Act reference: FA(Admin)Act section 39 Restrictions on claiming

Provision of estimate of income for SBP claim

An effective SBP claim must contain an estimate of the individual's and/or their partner's ATI for the relevant 6 month period and the estimate and must be accepted as reasonable. The individual only needs to include their partner's ATI if they were partnered on the day the claim is made.

For SBP claims, the relevant 6 month period commences on the day of the stillborn child's delivery.

Act reference: FA(Admin)Act section 38 How to claim, section 39 Restrictions on claiming

TFN requirements

An SBP claim is not effective unless the individual provides their TFN statement. If an individual is a member of a couple (1.1.M.50), then their partner (1.1.P.30) must also provide their TFN statement. Unless an exemption has been granted, an individual is required to provide both their and their partner's TFN statements for a claim.

Act reference: FA(Admin)Act section 38 How to claim, section 154 General power to obtain information

Policy reference: FA Guide 4.1.1.70 TFN Requirements for SBP

Verification of stillborn child's DOB

SBP cannot be paid until the individual provides verification of their stillborn child's DOB.

Policy reference: FA Guide 2.1.1.15 Verification of Child's Name & Date of Birth

Restrictions on claiming SBP

A claim for SBP in normal circumstances is not effective if the individual has previously made such a claim based on the same circumstances, whether or not the claim has been determined.

A bereavement claim for SBP is not effective if the individual has previously made such a claim based on the same circumstances, whether or not the claim has been determined.

Act reference: FA(Admin)Act section 39 Restrictions on claiming

Last reviewed: 1 July 2016