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.M.10 Maintenance (FTB)

Definition: maintenance

Maintenance refers to payments or benefits received by an individual for the upkeep of an FTB child that is received from:

  • a parent of the child, or
  • the partner or former partner of a parent of the child.

Maintenance may include child maintenance (including child support), direct child maintenance and partner (spousal) maintenance.

Maintenance can be received in the form of cash (periodic and lump sum payments), non-cash maintenance, or capitalised maintenance.

Act reference: FAAct section 3(1)-'maintenance'

Policy reference: FA Guide 1.1.C.20 Child support (FTB), 3.1.7.11 Assessable maintenance income, 3.1.7.13 Capitalised maintenance

Definition: maintenance income

Maintenance income in relation to an individual means:

  • child maintenance - the amount of a payment or the value of a benefit that is received by the individual for the maintenance of an FTB child of the individual and is received from
    • a parent of the child, or
    • the partner or former partner of a parent of the child
  • partner (spousal) maintenance - the amount of a payment or the value of a benefit that is received by the individual for the individual's own maintenance and is received from the individual's former partner, or
  • direct child maintenance - the amount of a payment or the value of a benefit that is received by an FTB child of the individual for the child's own maintenance and is received from
    • a parent of the child, or
    • the partner or former partner of a parent of the child

but does not include disability expenses maintenance.

Act reference: FAAct section 3(1)-'maintenance income'

Definition: capitalised maintenance income

Capitalised maintenance income in relation to an individual means maintenance income of the individual:

  • that is neither a periodic amount nor a benefit provided on a periodic basis, and
  • the amount or value of which exceeds $1,500.00.

A capitalised maintenance amount reflects a capitalisation period, which is the period of time the capitalised maintenance is meant to be used. Capitalised maintenance can be a single transfer of cash or property, but does not include property awarded to a non-resident parent as part of a matrimonial property settlement.

Capitalised maintenance income does not include maintenance income that is annualised or received under a notional assessment as set out in FAAct Schedule 1 clauses 20B, 20C and 20D.

Act reference: FAAct section 3(1)-'capitalised maintenance income', Schedule 1 clause 24 Apportionment of capitalised maintenance income

Policy reference: FA Guide 3.1.7.13 Capitalised maintenance

Last reviewed: