1.1.D.90 Dependent child (for YA independence purposes only)

Note:

This topic does NOT relate to a person's entitlement to the 'with dependent child' rate of YA.

Definition

For the purposes of satisfying YA independence criteria, a dependent child is a natural, adoptive child or relationship child of the recipient, where the child:

  • is wholly or substantially dependent on the person or the person's partner, OR
  • was previously wholly or substantially dependent on the person or the person's partner, assuming the child was in the care of the partner at the same time that the relationship existed.

A child who is adopted or dies immediately after birth is a dependent child for YA independence purposes, as is a still-born child for whom either the stillborn baby payment or PLP is paid.

A relationship child is a child of an individual and the individual is the 'relationship parent' of the child within the meaning of the Family Law Act 1975 where he or she is not a natural or adopted child of the individual. The situations in the Family Law Act where someone is a child of an individual, but is not a natural or adopted child of that individual, include:

  • children born as a result of artificial conception procedures,
  • children of de facto partners, and
  • children born under surrogacy arrangements.

For YA independence purposes, a non-custodial parent can demonstrate that their child is substantially dependent through circumstances including:

  • providing material support towards the care of the child,
  • having regular or periodic care of the child,
  • having ongoing involvement in decision making affecting the child, and/or
  • paying court ordered or voluntary child maintenance in respect of the child.

Act reference: SSAct section 1067A(3) Person with a dependent child

Family Law Act 1975 section 4(1)-'child', section 60H Children born as a result of artificial conception procedures, section 60HA Children of de facto partners, section 60HB Children born under surrogacy arrangements

Last reviewed: 7 May 2018