3.5.2.40 Continuation, Variation or Termination of DOP

Summary

The payment of DOP is terminated if:

the DOP child:
- dies, or
- is adopted, or
- ceases to be a refugee (1.1.R.110) unless the child still qualifies under any of the other DOP criteria, or
- stops living with the recipient, or
- has turned 16 and is not an FTB child (unless the child is a prescribed student child), or
- has turned 16, is not an FTB child and stops being a prescribed student child (section 5(11)), or
- receives a DVA double orphan pension or another other social security benefit or pension, or
the DOP child's sole surviving parent is not convicted of the offence for which s/he was being held on remand or s/he is convicted but sentenced to less than 10 years imprisonment, or
the DOP child's sole surviving parent is discharged from a prison, mental hospital or nursing home, and is contactable, or
the DOP child's sole surviving parent's whereabouts become known.

Act reference: SSAct section 5(11) A person is a prescribed student if

Death of a DOP child (1.1.D.240)

DOP is terminated 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 recipient,	the recipient 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 for 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

Recipient receives DOP & DVA double orphan pension payments

If a recipient is receiving a DVA double orphan pension and subsequently qualifies for DOP, a delegate must obtain a clearance from DVA. If granting DOP causes an overpayment, the amount of overpayment is withheld from the arrears of DOP payment.

If a recipient does not notify Centrelink that they are receiving a DVA double orphan pension payment and simultaneously receives DOP, a delegate must:

cancel the DOP payment, and
calculate the amount of overpayment, and
send a clearance to DVA.

If granting DVA double orphan pension causes an overpayment of DOP, the amount of overpayment is withheld from the DVA double orphan pension.

Act reference: SSAct section 1222(1) Methods of recovery

Policy reference: SS Guide 6.3.5.10 PP & DOP Overpayments

Reviews

The following table summarises the circumstances under which DOP is reviewed, and provides an example for each of these circumstances.

DOP is reviewed when…	Example
the circumstances that caused DOP eligibility may change.	If a recipient states the whereabouts of the sole surviving parent is unknown, DOP is reviewed biennially. 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 a recipient 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 a dependent child (1.1.D.70) when they turn 16 years.

Policy reference: SS Guide 6.2.4.20 DOP Reviews - General Provisions, 6.2.4.30 DOP Reviews - Parent's Location Unknown, Adoption, Arrival of Refugee's Parent, 6.2.4.40 DOP Reviews - Parent's Discharge from an Institution

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Last reviewed: 7 October 2008

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