3.5.2.40 Continuation, variation or termination of DOP
Summary
The payment of DOP is cancelled if:
- the DOP child (1.1.D.240)
- dies
- is adopted
- ceases to be a refugee (1.1.R.110) unless the child still qualifies under any of the other DOP criteria
- stops living with the DOP recipient
- ceases to be an FTB child (except where the child is receiving a prescribed education scheme benefit)
- is granted a DVA orphan's pension or other social security benefit or pension, or
- the DOP child's sole surviving parent (1.1.S.450) is not convicted of the offence for which they were being held on remand or they are convicted but sentenced to less than 10 years' imprisonment
- the DOP child's sole surviving parent is discharged from a prison, psychiatric hospital or nursing home, and is contactable, or
- the DOP child's sole surviving parent's whereabouts become known.
Death of a DOP child
DOP is cancelled if a DOP child dies. The following table shows the bereavement assistance that is available in this situation.
| If the recipient … | then … |
|---|---|
| is an ACO | no bereavement assistance is available. |
| is an individual and immediately before the child died, the child was an FTB child of the individual | the individual can be paid a lump sum bereavement payment for a 14 week bereavement period. |
Act reference: SSAct section 1033 Continued DOP during bereavement rate continuation period where DOP child dies, section 1034 Lump sum payable in some circumstances, section 1034AA Continuation of qualification for DOP for 4 weeks …
Policy reference: SS Guide 3.1.5 Bereavement payment provisions
FA Guide 2.1.1.110 Death of an FTB or regular care child, 3.1.1.40 Calculating FTB bereavement payment
Individual receives DOP & DVA orphan's pension
If an individual is receiving a DVA orphan's pension and subsequently claims DOP, Centrelink must inform DVA. If granting DOP causes an overpayment of the DVA orphan's pension, the amount of the overpayment is withheld from the DOP payment.
If an individual does not notify Centrelink that they are receiving a DVA orphan's pension and simultaneously receives DOP, Centrelink must:
- cancel the DOP payment
- calculate any DOP overpayment, and
- inform DVA.
If granting the DVA orphan's pension causes an overpayment of DOP, the amount of overpayment is withheld from the DVA orphan's pension payment.
Act reference: SSAct section 1003 DOP not payable for child receiving a pension under the Veterans' Entitlements Act, section 1222(1) This Chapter provides the methods for recovery …
Policy reference: SS Guide 6.3.5 DOP overpayments
Reviews
The following table summarises the circumstances under which DOP is reviewed.
| DOP is reviewed when … | Examples |
|---|---|
a period of 2 years has passed since the individual was granted DOP or since DOP was last reviewed. DOP should be reviewed at least every 2 years, to check whether there have been any changes to the recipient’s eligibility, circumstances and/or applicable payment rate. | The individual’s ATI has changed since DOP was granted or last reviewed. |
| the circumstances that caused DOP eligibility may change. | If an individual states the whereabouts of the sole surviving parent is unknown, DOP is reviewed every 2 years. If the release date of an imprisoned sole surviving parent is known, DOP is reviewed on this date. |
| Centrelink is notified that the circumstances that qualified an individual for DOP have changed. | A DOP child is adopted. The parents of a refugee child arrive in Australia. |
| the DOP child turns 16. | A DOP child may not be an FTB child when they turn 16 years (FA Guide 2.1.1.10). |
| the DOP child completes full-time secondary study - course end date is reached. | A DOP child may not be an FTB child when they complete full-time secondary study (1.1.D.240). |