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.

2.1.1 FTB child & regular care child

Introduction

This section covers eligibility requirements relating to an FTB child and a regular care child. The first topic outlines the situations when a child may be an FTB child and subsequent topics expand on each of those situations.

Comparison between FTB child & a dependent child defined by the SSAct

While in most cases a child considered to be an FTB child under the FAAct will also be a dependent child under the SSAct, there are some cases where this will not be true. The following table summarises the main differences.

To be an FTB child To be a dependent child
A child must be up to 15 years, or 16 to 19 years and in full-time secondary study (including those repeating year 12) or be exempt from this requirement. A child must be under the age of 22 years.
A child aged 16 to 19 years must be a senior secondary school child (1.1.S.27). A child aged 16 to 21 years must be in full-time study.
The child's income does not apply. The child's income (using the definition of income defined in the SSAct) cannot exceed the personal income limit. For a child under 16 years, this is a weekly amount. For a child 16 years and over, this is income in a financial year.
A child aged 16 or over cannot be receiving a prescribed education scheme payment (1.1.P.100). A child aged 16 or over can be receiving a prescribed education scheme payment.
Where care of the child is shared between 2 or more individuals, the child must be in the individual's care for at least 35% of the time. Where care of the child is shared between 2 or more individuals there is no minimum percentage of care.

Act reference: FAAct section 22 When an individual is an FTB child of another individual, section 22A Exceptions to the operation of section 22, section 25 Effect of an individual's percentage of care for a child being less than 35%

SSAct section 5(2) to (8A) Dependent child …

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