188.8.131.52 SpB Reviews - Non-permanent Resident & Temporary Absence Overseas
Act reference: SSAct section 5(1)-'parent'
Non-permanent resident - custody of Australian citizen child
A review should be set at grant to re-assess the parent's residence status.
Example: If the Department of Home Affairs indicates that a decision can be expected soon, the outcome is followed up.
If permanent residence:
- has been granted with:
- has NOT been granted, verify whether the Department of Home Affairs intends to deport the parent, and, if so:
- what action the parent is taking (see example), AND
- whether the child is remaining, and in whose custody (see explanation).
Example: Lodging of an appeal, which could require a further review.
Explanation: SpB should be cancelled if the child has another means of support or leaves Australia.
These cases should be reviewed every 3 months, re-examining the non-custodial parent's capacity to provide child support.
Policy reference: SS Guide 184.108.40.206 SpB for Australian Citizen Children & Australian Permanent Resident Children in the Custody of a Non-permanent Resident
Payment of SpB during temporary absence overseas
SpB is ONLY paid outside Australia for a maximum of 6 weeks in special circumstances and the person MUST remain qualified throughout the absence.
Any other means of support while the person is overseas MUST be checked. Particular attention is given to the source of funds used to pay for overseas travel and any free board and lodgings (1.1.B.70) provided overseas. The full extent of any third party support, including further support if needed should be established.
A person is asked to provide details of their overseas accommodation. Free board and/or lodgings may reduce the rate of SpB.
Partner going overseas
When the partner of an SpB recipient goes overseas the recipient's rate of SpB is still limited to the partnered rate and, any income received by the partner still affects the rate payable to the SpB recipient.
Policy reference: SS Guide 220.127.116.11 Application of portability rules (portability table)