2.2.1 FTB eligibility criteria for individuals
FTB eligibility for individuals
An individual is eligible for FTB if:
- they have at least one FTB child in their care (for at least 35% of the time), or
- they are not an absent overseas individual and have at least one regular care child who is also a RA child, and
- the individual is an Australian resident, or
- they are an SCV holder residing in Australia, or
- they are the holder of a visa approved by the Minister for the purposes of SSAct subparagraph 729(2)(f)(v), or
- their rate of FTB is greater than nil, and
- no other provision applies to make them ineligible for FTB.
Act reference: FAAct section 21 When an individual is eligible for FTB in normal circumstances, section 3(1)-'Australian resident', section 61AA Part A rate of FTB is nil for a day in the newly arrived resident's waiting period, section 58 Rate of FTB
SSAct section 729 Qualification for SpB
Policy reference: FA Guide 2.1.1 FTB child & regular care child, 220.127.116.11 Residence requirements, 18.104.22.168 Verifying residency/citizenship, 3.1 FTB rate calculation, 4.2.1 Summary of the FTB claim process, 22.214.171.124 Regular care child, 1.1.A.130 Australian resident, 126.96.36.199 NARWP for FTB Part A
Only one member of a couple is eligible for FTB at a time
Even though both members of a couple may otherwise be eligible for payment/benefit for an FTB or regular care child, only one member of a couple is eligible at a time.
Exceptions: In some circumstances FTB may be shared including by couples in blended families (188.8.131.52) and individuals who claim FTB for a past period prior to separation.
Where both members of a couple claim FTB, a decision as to which person should be paid FTB is based on:
- which person is the primary carer (1.1.P.120), and
- whether there is a written agreement nominating one member of the couple as the person to claim FTB.