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.

6.4.5.30 Death of FTB or regular care child

Summary

This topic explains the reconciliation process when an FTB or regular care child (1.1.R.21) dies.

Debt to be waived where only FTB child/ren dies

If the only FTB child/ren of an individual (1.1.I.90) dies either during the relevant income year (1.1.R.23), or in the first lodgement year (1.1.L.30) before reconciliation has occurred, any FTB, CCS or ACCS debt (1.1.D.60) arising from the reconciliation process in respect of the period (including the bereavement period) for which the individual was eligible for FTB, CCS or ACCS may be waived (1.1.W.10).

If an FTB or regular care child dies, the death may be considered special circumstances on a case by case basis. If the death is considered to be special circumstances, a debt may be waived under the FA(Admin)Act section 101. The debt may be waived under special circumstances only if the individual has not made a false statement or representation, or has not failed or omitted to comply with a provision of the family assistance law. In general, providing an income estimate for a financial year that is less than the actual ATI (1.1.A.20) for that year should not be treated as such a breach.

Example: When Noni's FTB for the last financial year was reconciled in September, an FTB debt resulted because they had underestimated their ATI for that income year. As Noni's only FTB child died in August of the current financial year, (that is, in the first lodgement year), recovery of their debts may be waived under special circumstances due to the death of their child in the income year. If reconciliation of Noni's FTB for the current financial year also resulted in a debt being raised, recovery of this debt also would be waived under special circumstances (due to the death of their child in the income year).

Act reference: FAAct section 31 Continued eligibility for FTB if an FTB or regular care child dies, section 32 Eligibility for a single amount of FTB if an FTB or regular care child dies

FA(Admin)Act section 71 Debts in respect of family assistance other than CCS, ACCS and FTB advance, section 101 Waiver in special circumstances

Policy reference: FA Guide 2.1.1.110 Death of an FTB or regular care child, 3.1.1.40 Calculating FTB bereavement payment, 7.1.2 FA debts - individuals & ACOs, 7.3.2 Waiver of debts

A child who is not the only FTB or regular care child dies

Where a child who is not the only FTB or regular care child has died during the income year or the lodgement year, automatic reconciliation occurs. Debts of FTB, CCS or ACCS may be recovered and arrears are issued as appropriate.

Policy reference: FA Guide 6.4.1 Overview of reconciliation

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