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.

2.12.1 SBP eligibility criteria

Summary

SBP may be paid to eligible families who deliver a stillborn child.

This section covers the following:

  • who can claim SBP
  • eligibility for SBP
  • SBP income test and FTB Part A eligibility test
  • only one individual can be eligible for SBP, and
  • death of an eligible person.

Who can claim SBP?

Only an individual (1.1.I.90) can claim SBP for a child. An ACO (1.1.A.80) cannot claim SBP.

Example: ACOs include:

  • a foster care agency, or
  • a charitable institution that arranges pre-adoptive care.

Act reference: FAAct section 36 When an individual is eligible for SBP in normal circumstances

Eligibility for SBP

An individual is eligible for SBP if the following criteria are met. The second column indicates where more details about the criterion can be found.

Criterion More detail
All of the following:
The child is a stillborn child 1.1.S.130 Stillborn child
had the child been born alive, the child would have been an FTB child of the individual 2.1.1.10 FTB child
had the child been born alive, the individual or the individual's partner would have been the primary carer of the child at birth, and

1.1.P.120 Primary carer (FTB)
neither the individual nor their partner is receiving or has received PLP for the child. PPL Guide 4.1.10 Claims for PLP & SBP for the same child
And one of the following:
The individual would have been eligible for FTB in respect of the child, at any time within 26 weeks beginning on the day of the child's delivery, assuming the child had not been stillborn and the individual must satisfy the 6-month SBP income test This topic.
the individual would have been eligible for FTB in respect of the child, at any time within 26 weeks beginning on the day of the child's delivery, assuming the child had not been stillborn, except that the individual's rate of FTB is nil and the individual must satisfy the 6-month SBP income test, or This topic.
the individual or the individual's partner is eligible for FTB for another child (claimed either as instalments (1.1.I.100) or as a past-period (1.1.P.60) claim or as a bereavement claim for a deceased FTB or regular care child (1.1.B.20)) for a day within 52 weeks beginning on the day of the child's delivery, and the individual's or the individual's partner's rate of FTB included an FTB Part A rate greater than nil for that day. This topic.

Act reference: FAAct section 3(1)-'stillborn child', section 36 When an individual is eligible for SBP in normal circumstances

SBP income test & FTB Part A eligibility test

Eligibility for SBP is first assessed against the 6-month SBP income test. If the income test and other criteria listed in the table above are satisfied, the individual is eligible for SBP.

An individual meets the SBP income test if the combined estimate of:

  • the individual's ATI for the 6-month period beginning on the day of the child's delivery, and
  • the ATI of the individual's partner for the same period (where the individual is a member of a couple on the day the claim is made)

is less than or equal to $75,368 and is accepted as a reasonable estimate.

If the SBP income test is not met or the individual does not meet the FTB residency requirements, the individual may still be eligible for SBP under the FTB Part A eligibility test.

An individual meets the FTB Part A eligibility test if they or their partner are eligible to receive FTB Part A at a rate greater than nil in relation to a day that is within 52 weeks beginning of the day of the stillborn child's delivery. The FTB Part A may be claimed either as instalments or a past-period claim, or a bereavement claim due to the death of an FTB or regular care child (2.1.1.110). If the FTB Part A eligibility test and other criteria listed in the table above are satisfied, the individual is eligible for SBP.

Individuals who receive SBP may be indirectly affected by reconciliation. Where SBP is paid under the $75,368 income test, it is not reconciled. Where SBP is paid under the FTB Part A eligibility test, the SBP is not reconciled directly, but is raised as a debt where FTB reconciliation results in nil FTB Part A entitlement for the day that SBP was paid. For more information see 6.4.1.40.

Act reference: FAAct section 36 When an individual is eligible for SBP in normal circumstances, Schedule 4 Part 2 clause 3(4A) First indexation of SBP income limit

Policy reference: FA Guide 3.2 Adjusted taxable income, 3.2.8 Reasonable estimate of income, 2.1.1.110 Death of an FTB or regular care child

Only one individual can be eligible for SBP

If it is determined that an individual who is a member of a couple is eligible for SBP in respect of a child, the individual's partner is not eligible for SBP in respect of that child. If both members of a couple lodge a claim for SBP and both claims would otherwise be payable, the payment will be made to the individual who would have been the primary carer of the child had the child been born alive. Generally, this would be the child's birth parent.

Act reference: FAAct section 37 Only one individual eligible for SBP in respect of a child

Policy reference: FA Guide 4.15.2 Determination of SBP claims

Death of an eligible person

If an individual who is eligible for SBP dies and before they died they were eligible for, but had not received, the payment (whether or not a claim had been made), another individual may be eligible to receive the payment.

An individual can make a claim for SBP on behalf of a deceased individual within 52 weeks after the deceased individual's death, or within a further period as determined by the Secretary, where special circumstances exist.

If it is determined that the other individual is eligible for the payment, no one else is, or can become, eligible for or entitled to SBP in respect of the deceased individual.

Act reference: FAAct section 38 What happens if an individual eligible for SBP dies

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