126.96.36.199 SpB reviews - non-permanent resident & temporary absence overseas
Act reference: SSAct section 5(1)-'parent'
Non-permanent resident - custody of Australian citizen child
Reviews are undertaken to re-assess the parent's residence status.
Example: The Department of Home Affairs advises the parent if there are residence status changes.
If permanent residence:
- has been granted with
- has NOT been granted, verify the status of the visa with the Department of Home Affairs, and
- what action the parent is taking (see example), AND
- whether the child is remaining in Australia, and in whose custody (see explanation), AND
- whether the parent is now eligible for a payment (if applicable).
Example: Lodging of an appeal, which could require a further review.
Explanation: SpB should be cancelled if the child has another means of support, leaves Australia, or if the parent is eligible for a payment.
These cases are reviewed every 3 months, re-examining the non-custodial parent's capacity to provide child support and the requirements for SpB.
If the child is school age and attending school, the payment may no longer be appropriate.
Policy reference: SS Guide 188.8.131.52 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 184.108.40.206 Application of portability rules (portability table)