22.214.171.124 Qualification for DOP
This topic explains the qualification criteria for DOP, as well as the following related issues:
- residence requirements
- splitting DOP payments
- child receives another benefit, pension or LMP payment
- application for refugee (1.1.R.110) status
- proper claim
- portability provisions, and
- claims lodged overseas.
Qualification (1.1.Q.10) criteria
To qualify for DOP, an individual must meet the following criteria:
- they are caring for a young person who is a double orphan (1.1.D.240), and
- the double orphan is an FTB child of the individual (or would be an FTB child except that the double orphan, or someone on behalf of the double orphan, is receiving payments under a prescribed educational scheme), and
- they are eligible for FTB for the double orphan, or would be eligible except that their rate of FTB is nil or would be eligible except that the double orphan is not an FTB child as a result of receiving the prescribed educational scheme payment, and
- if the double orphan is aged 16 to 19 years of age, a full-time secondary student, they are not receiving YA, and no other person is receiving YA in respect of the young person.
DOP is not payable to carers who have formally adopted the orphaned children. This is because carers who adopt a child are considered the parents of the child and therefore the child cannot be a double orphan.
For an ACO (1.1.A.200) to qualify for DOP, the organisation must be caring for a young person who is a double orphan and, be eligible for FTB for the young person, or would be eligible for FTB for the young person except that the young person, or someone on behalf of the young person, is receiving payments under a prescribed education scheme.
Act reference: SSAct section 5(1)-'prescribed educational scheme', section 999 Qualification for DOP
Policy reference: FA Guide 2.1.1 FTB child & regular care child
DOP residence requirements
As FTB and DOP eligibility are linked, the individual must fulfil the Australian residency requirements for FTB eligibility in order to be eligible for DOP. In addition, the double orphan must fulfil the Australian residency requirements for an FTB child in order to qualify as a double orphan.
DOP may be claimed by an individual who is overseas provided they fulfil Australian residency and FTB eligibility requirements, and the double orphan fulfils FTB child and DOP eligibility requirements.
Splitting DOP payments
There is a capacity for those who share care of a DOP child to split payment in accordance to their percentage of care. Shared care income definitions for the purposes of DOP are aligned with those for family assistance.
DOP child receives another social security benefit, pension or LMP payment
An individual or ACO does not qualify for DOP if the DOP child (or someone else on their behalf) receives another social security benefit, pension or LMP payment.
Explanation: The young person is not an FTB child and therefore is not a qualifying child for DOP.
Act reference: SSAct section 23(1)-'social security benefit', section 23(1)-'social security pension'
Application for refugee status
An individual or ACO cannot qualify for DOP on the basis that an application for refugee status has been lodged with the Department of Home Affairs. Verification of the child's refugee status is required.
Explanation: To be a DOP child on the basis of being a refugee, the child must be granted refugee status by the Australian Government.
An individual or ACO must lodge a proper claim before DOP can be granted. The claim can be lodged in Australia or overseas.
Portability provisions for DOP
As qualification for DOP is linked to eligibility for FTB and having an FTB child, the portability rules for FTB also apply to DOP.
Policy reference: FA Guide 126.96.36.199 FTB portability from 1 July 2016
Individual lodges claim overseas
Rules applying to claims for DOP lodged outside Australia are described in the table below.
|If the claim is lodged …||then …|
Policy reference: SS Guide 188.8.131.52 Claim lodgement - general provisions