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.I.105 Interim period (FTB)

Definition

The interim period begins on the first day that the actual care of the child ceased to correspond with the care provided for under the care arrangement. The length of the interim period depends on a number of factors, including:

  • whether the care arrangement is specified under a court order, parenting plan or written agreement
  • when the care arrangement was made
  • when the disputed care change occurred, and
  • whether the person with increased care is taking reasonable action to participate in family dispute resolution.

The maximum interim period will apply in situations where the person with increased care does not take reasonable action to participate in family dispute resolution at any time during that period. See 2.1.1.70 for more information on interim periods.

Note: An interim period does not apply in relation to an individual if a previous care determination made by the Secretary (or the Child Support Registrar) in relation to the individual has been revoked. The initial care determination made in relation to a person’s care of a child is the only occasion an interim care determination may be made. This means that once there is an existing care determination in place, an interim determination cannot be made even if the initial determination was based on a care arrangement that the parties later stopped complying with. This will be the case whether the initial determination was made for the purpose of a child support assessment or FTB – see 2.1.1.50 for further information about how these determinations interact.

Act reference: FAAct section 35FA Meaning of interim period, section 35F Section 35C does not apply in certain circumstances

Policy reference: FA Guide 2.1.1.70 Disputed care arrangements

Last reviewed: