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.

1.2.19 Stillborn baby payment (SBP) - description

Summary

This section includes information on:

  • SBP objectives
  • SBP eligibility
  • SBP rate, and
  • how SBP is paid.

Objective of SBP

The SBP provides assistance with the extra costs associated with a stillborn child.

SBP eligibility

The SBP may be paid where an individual, or their partner, would have been the primary carer of a stillborn child (1.1.S.130).

Eligibility for the SBP is met where a stillborn child is delivered and either:

  • had the child been born alive, the individual would have been eligible for FTB in respect of the child at any time within the period of 26 weeks beginning on the day of the stillborn child's delivery, or
  • had the child been born alive, the individual would have been eligible for FTB in respect of the child at any time within the period of 26 weeks beginning on the day of the stillborn child's delivery, except that the individual's rate of FTB would have been nil, and
  • the individual's and, if they are a member of a couple (1.1.M.50) on the day the claim is made, the individual's partner's combined estimate of ATI does not exceed the SBP income limit (2.12.1) for the 6-month period beginning on the day of the stillborn child's delivery, or
  • the individual or their partner is entitled to FTB Part A (for another FTB child) for a day during the 52 week period beginning on the day of the stillborn child's delivery whether claimed as an instalment claim (1.1.I.100), past period claim (1.1.P.60) or a bereavement claim for a deceased FTB or regular care child (1.1.B.20).

Example: Des and Diane have 4 children and are receiving FTB Part A by instalment payments. On 5 November 2017, Diane's fifth child is delivered stillborn. As Diane is not able to receive PLP, she lodges a claim for SBP. As their estimated family income is above the SBP income limit for the 6 month period post-delivery of their child, they are then assessed for SBP using their FTB Part A entitlement.

The SBP income limit is subject to indexation annually from 1 July 2017.

An individual is not eligible for SBP for a stillborn child where that individual or their partner receives PLP for that same stillborn child.

Example: Mary and Fred's child was delivered on 2 November 2017 and was stillborn. Mary lodges a claim for PLP for the child which is granted. Neither Mary nor Fred is eligible for SBP for that child.

SBP rate

The rate of SBP is equal to the total of the following rates:

  • the higher rate of NBS
  • NBU, and
  • FTB Part A bereavement payment (14 weeks of the FTB Part A maximum standard rate for a child aged under 13).

See 3.12 for more detail on the SBP rate.

How SBP is paid

In normal circumstances, an eligible individual must have an effective claim for SBP before the end of 52 weeks beginning on the day of the delivery of the stillborn child. SBP is payable only as a lump sum payment.

Act reference: FAAct section 3(1)-'stillborn child', section 36 When an individual is eligible for SBP in normal circumstances, section 66 Amount of SBP

FA(Admin)Act section 47 Payment of SBP

Policy reference: FA Guide 2.12.1 SBP eligibility criteria, 1.1.P.120 Primary carer (FTB), 2.1.1.10 FTB child, 3.12 SBP rate

PPL Guide Part 2 Eligibility for PLP

Last reviewed: