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This topic provides an introduction to the maintenance action test. It includes:
The maintenance action test is applied in the same way for instalment claims (1.1.I.100) and past period claims (1.1.P.60) for FTB.
A person must take reasonable action to obtain maintenance under the CSS for an FTB child if they are entitled to apply for maintenance, to receive more than the base FTB child rate (1.1.B.15) of FTB Part A for that child, and to have that child included for RA purposes.
Note: This also applies to the person's current partner (1.1.P.30) if a child in a blended family (1.1.B.30) is from the partner's previous relationship.
Exception: Action for maintenance may not be applicable, or an exemption may be granted.
Act reference: FAAct Schedule 1 clause 10 Effect of maintenance rights
For FTB purposes, maintenance refers to both spousal maintenance and child maintenance. Child support refers only to child maintenance. For the purposes of the FTB maintenance action test, only action for child maintenance relating to an FTB child is relevant. Action for spousal maintenance is not required; however any spousal maintenance received by the applicant/recipient is assessable under the maintenance income test.
Any maintenance received by an FTB applicant/recipient or their partner is assessed under the maintenance income test. A person who receives maintenance has more total income, even if their rate of FTB Part A is reduced by the maintenance income test. The applicant/recipient may continue to receive child support until their child turns 18 years or upon application, until their child finishes secondary school in the year they turn 18, regardless of whether they continue to receive FTB.
Act reference: FAAct section 3(1)-'maintenance income'
Policy reference: FA Guide 3.1.7 Maintenance Income Test
The CSS was introduced in 2 stages. Stage 1 was implemented from 1 June 1988 under the Child Support (Registration and Collection) Act 1988. Stage 2 was implemented from 1 October 1989 under the Child Support (Assessment) Act 1989. The scheme placed an obligation on eligible parents to financially support their children. The CSA was created to enforce this legislation. Before the introduction of the CSS, child support could only be obtained if the parents reached an agreement, or by getting an order from a court.
The requirements for maintenance action under each stage are different. The appropriate stage is worked out based on the person's circumstances.
Policy reference: FA Guide 3.1.5.20 Determining which Stage of the CSS Applies
In relation to maintenance action for a particular child, an applicant/recipient may:
Policy reference: FA Guide 3.1.5.30 Taking Reasonable Maintenance Action, 3.1.5.40 Maintenance Action in Progress, 3.1.5.50 Reasonable Maintenance Action Completed, 3.1.5.60 When Maintenance Action is Not Applicable, 3.1.5.70 Exemptions from the Maintenance Action Test, 3.1.5.80 Payer is Overseas
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Last reviewed: 1 December 2008
