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.

2.6.4 CCS eligibility - death of an eligible child or recipient

Death of an eligible child

CCS and ACCS payments cease following the death of a child, as no further sessions of care (1.1.S.40) can be provided, therefore an individual (1.1.I.90) is no longer entitled to CCS or ACCS amounts (and an approved provider (1.1.A.90) is no longer entitled to ACCS (child wellbeing) if applicable). CCS and ACCS is not payable as an absence (1.1.A.05) once a child has permanently ceased attending the service (in this situation because the child has died).

The approved provider is required to update the enrolment notice (1.1.E.25) with an end date (being the day after the child last physically attended a session of care), as the arrangement for care with the individual has ceased.

If the deceased child is the only child for which an individual is receiving CCS or ACCS, the individual ceases to be eligible for CCS or ACCS and a notification is sent to the individual.

A final payment is made to the approved provider in respect of the deceased child at the first payment following their death (or notification of death, if payment made prior to the death of the child). If CCS or ACCS has been paid in respect of sessions of care that are no longer eligible as a result of a child's death, an approved provider debt (1.1.D.60) is raised.

Act reference: FA(Admin)Act section 67FB Notice of change of circumstances: individuals, section 200D Updates in relation to enrolled children

Payment in substitution for someone who has died

An individual may make a claim (1.1.C.27) in respect of a child for CCS or ACCS in substitution for an individual who has died. If an individual is entitled (1.1.E.30) to be paid such an amount, it is paid directly to the substitute individual.

Where individuals make a claim for CCS or ACCS in substitution for an individual who has died and are found to be entitled to be paid unpaid amounts for a deceased individual, these are intended to be 'one off' payments in respect of unpaid entitlement for past sessions of care (i.e. not an ongoing claim in respect of the child).

If the individual wants to receive CCS or ACCS by fee reduction on an 'ongoing' basis for the child whose parent (1.1.P.10)/guardian has died, they will need to make a new claim.

The deceased individual must have been eligible for CCS or ACCS for the sessions of care. Therefore, the subsidy rate and hours subsidised per fortnight (based on the deceased individual's estimated income/activity level) that is applicable for the sessions of care which have already been submitted, but not yet paid, are to be used in the calculation for the amount being claimed by the substitute individual.

Act reference: FAAct section 85DA Eligibility for CCS or ACCS in substitution for an individual who has died, section 85EC Only one individual eligible in substitution for individual who has died

FA(Admin)Act section 67BD Kinds of claims, section 67CF(2) Individual entitled to be paid CCS or ACCS in substitution

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