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.G.14 Grandparent (CCS, ACCS)

Definition

For the purposes of the CCS activity test and ACCS (grandparent), a grandparent or great-grandparent is defined as an individual (1.1.I.90) who:

  • has a biological grandparent or great-grandparent relationship to the child, or
  • is a grandparent or great-grandparent as a result of:
    • adoption,
    • step-parent relationships (including former partners),
    • artificial conception procedures,
    • de facto relationships, and
    • surrogacy arrangements (FAAct subsection 85CJ(3)).

Example 1: James and Shelley are the biological parents of their child Seth. James and Shelley separate and James marries Martina. Martina is Seth's step-parent. In later years Seth marries Sarah and they have a child Nathan. Martina is the step-grandparent of Nathan. Seth and Sarah eventually separate and Seth marries Helga. Helga is Nathan's step-parent and Helga's mother and father are Nathan's step-grandparents.

Example 2: Layla is the biological mother of Katharine. Layla dies and her cousin Danielle takes on the care of Katharine as her guardian, when Katharine is 3 years old. In later years, Katharine has a child Bernie. Danielle is not considered the grandparent of Bernie because she is not the natural, adoptive or step-grandparent of Bernie.

Act reference: FAAct section 85CJ Eligibility for ACCS (grandparent)

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