The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.R.60 Relevant dependent child

Definition

A parent's (1.1.P.10) relevant dependent child is:

  • a biological child
  • an adopted child
  • a child born as a result of an artificial conception (1.1.A.110) procedure
  • a child born under surrogacy arrangements
  • in certain limited circumstances, their step-child.

The parent must have at least shared care (1.1.S.40) of the child during the relevant care period.

The child must:

  • be either under 18 years of age
  • have turned 18 and still be in secondary school (1.1.S.10) and the last day of secondary school year has not yet occurred, and
  • not be a member of a couple (1.1.M.10)

The parent must not be assessed in respect of the COTC (1.1.C.210). If the parent is assessed in respect of the COTC, then that child is included in the calculations as a multi-case child.

In the case of a step-child, the parent has a duty to maintain that child by order of the court under either the FL Act or the WA Family Court Act 1997. If the parent does not have such an order, they may be able to apply for a COA (1.1.C.50) in special circumstances if their capacity to provide financial support for the child/ren of the assessment is significantly reduced because of the responsibility of the parent to maintain the step-child.

Act reference: CSA Act section 5(1)-‘relevant dependent child’, section 46 Working out parent’s relevant dependent child amount

FL Act section 60H Children born as a result of artificial …, section 60HB Children born under surrogacy …, section 66M When step-parents have a duty to maintain

Family Court Act 1997 (WA) section 124 When step-parents have duty to maintain …

Policy reference: CS Guide 2.4.6 The costs of the child, 4.3.4 Orders in relation to step-children, 1.1.M.50 Multi-case child costs

Last reviewed: