This definition applies to all payments.
A person who is the guardian of a child has the responsibility for the long term welfare of the child and has all the powers, rights and duties of a guardian EXCEPT:
- the right to have daily care and control of the child, AND
- the right and responsibility to make decisions concerning the daily care and control of the child.
Dependent child (1.1.D.70)
A guardian of a child does NOT have the legal responsibility for the day-to-day care and welfare of the child. The child can ONLY be considered to be a dependent child of the guardian IF the child is wholly or substantially in the guardian's care AND no other person who has the legal responsibility for the day-to-day care of the child is caring for the child.
Exception: A child can be a dependent child of a person who has been given guardianship of the child AND also legal responsibility (1.1.L.33) or custody by the court.
Act reference: SSAct section 5(2) Dependent child-under 16