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.

1.1.E.162 Exchanged care (CP)

Definition

For the purposes of CP, exchanged care is where a divorced or separated parent exchanges the care of 2 or more qualifying children (1.1.Q.17) with the children's other parent/s on a regular basis.

The terms of the exchanged care must be detailed in one or more registered parenting plans, parenting plans or parenting orders. Each parent claiming/receiving CP has a qualifying child in their care at all times.

Exception: A carer CANNOT qualify for CP under the exchanged care provisions for the exchange of a profoundly disabled child, or 2 or more disabled children that require a level of care that is at least equivalent to the level of care required by a profoundly disabled child. If a parent wishes to exchange the care of a profoundly disabled child or 2 or more disabled children with another parent, they will need to test their eligibility for CP (child) under the new (1 July 2009) qualification provisions.

Note: It is not necessary for both/all parents to qualify for CP (child) for the exchange care provision to apply to one of them.

Act reference: SSAct section 197F Qualification-exchanged care of children, Schedule 1A clause 141 Saving-profoundly disabled child and disabled child

Policy reference: SS Guide 3.6.4.10 Qualification for CP

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