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.

2.1.1.13 Regular care child

Summary

A regular care child (1.1.R.21) of an individual (1.1.I.90) is a child who:

  • is in the individual's care for at least 14%, but less than 35%, of a care period, and
  • would be an FTB child of the individual but for the child being in the individual's care for less than 35% of the care period.

Act reference: FAAct section 3(1)-'regular care child', section 25A Regular care child for each day in care period

Policy reference: FA Guide 2.1.1.10 FTB child

Payments or concessions for a regular care child

An individual who has care of a child for less than 35% of the time will not be eligible for the child components of FTB.

Instead of receiving the child components of FTB, a parent who has care of a child between 14% to less than 35% of the time will have the costs of the child taken into account in working out how much child support the parent will pay. This level of care is called regular care and will be counted as meeting 24% of the costs of raising the child for child support purposes.

Individuals with regular care of a child, will continue to be eligible for the RA component of FTB Part A and other government benefits, if they meet eligibility requirements. The benefits include:

  • CCS - if child care fees are paid to an approved provider, the individual, or the individual's partner (1.1.P.30) may be eligible to receive CCS
  • a HCC (if income does not exceed the income free area for the maximum rate of FTB Part A)
  • the lower threshold for the Medicare safety net in certain circumstances
  • additional RAA paid with social security income support payments (e.g. JSP).

A parent who has shared care of a child for 35% to 65% of the time can be eligible for a share of the child components of FTB. This includes fortnightly or lump sum payments as well as supplements. If an individual has more than 65% care of an eligible FTB child, they will receive 100% of the payment.

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