3.5.2.10 Qualification for DOP

Summary

This topic explains the qualification criteria for DOP, as well as the following related issues:

• DOP residence requirements
• shared care of a DOP child
• DOP child receives another social security benefit, pension or LMP payment
• application for refugee (1.1.R.110) status
• proper claim
• portability provisions for DOP, and
• individual lodges claim 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)
• 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
• they are eligible for FTB for the double orphan, or would be eligible except that
  • their rate of FTB is nil, or
  • 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
  • they are 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.

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.

Shared care of a DOP child

If an individual has shared care of a DOP child, then their DOP rate is adjusted according to their FTB shared care percentage.

Similarly, the additional component of DOP is the difference between applying the current carer’s shared care percentage to the FTB Part A rate received for the child immediately before they became a double orphan and the shared care FTB Part A rate of the current carer.

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.

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.

Proper claim

An individual or ACO must lodge a proper claim before DOP can be granted. The claim can be lodged while the individual is 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.

Individual lodges claim overseas

Individuals outside Australia can lodge a claim for DOP by posting the claim form to Services Australia. The date of lodgement is the date the claim is received by Services Australia.

Individuals outside Australia who are claiming DOP under an international social security agreement (1.1.A.120) may be able to lodge the claim form at an overseas social security office or equivalent (which will send the claim to Services Australia). In this event, the date of lodgement is the date the claim was lodged overseas, not the date it is received by Services Australia. See Part 10 Australian Social Security Agreements for more detail.