|
|
|
|
|
This topic sets out the definition of principal carer. The definition of principal carer applies across all relevant income support payments: PP NSA, YA job seeker and SpB.
Meeting the definition of principal carer is a necessary condition in order for:
A person is a principal carer of a child if:
Act reference: SSAct section 5(15) to 5(24) Principal carer, section 5(2) to 5(9) Dependent child - under 16
Policy reference: SS Guide 1.1.D.70 Dependent child, 1.1.Y.30 Youth allowance job seeker
Subsection 5(18) of the Social Security Act 1991 specifies that only one person at a time can be the principal carer of a particular child. In all shared care situations, it is necessary to determine which of the carers is the principal carer.
If both shared care parents are receiving NSA, depending on their level of care, both may receive the NSA (with child) rate. However, only one parent could be determined to be the principal carer of a particular child.
Example: A couple have separated and have joint legal responsibility (1.1.L.33) for, and share the care of, their child who is aged 9. Both are receiving the NSA (with child) rate. However, even when the care of the child is equal, subsection 5(19) requires that a determination be made stating which of the carers is the principal carer.
In shared care cases a written determination must:
If the care of a child is being shared by 2 people and only one of them has legal responsibility for the day-to-day care, welfare and development of the young person, and the young person is in the adult's care, only that person is the principal carer.
Act reference: SSAct section 5(18) Only one person at a time can be principal carer of a particular child, section 5(19) If the Secretary is satisfied that...
Policy reference: SS Guide 3.5.1.20 Child-related Qualification for PP - Overview, 1.1.P.340 PP child (PP)
If 2 or more people have legal responsibility for the day-to-day care, welfare and development of the child then the person with the greater degree of care and control of the child is generally the principal carer of that child. If the child is not in the care of the person(s) who have legal responsibility for their day-to-day care, welfare and development, then the child is the dependent child of the person(s) who are wholly or substantially caring for the child. If the child can be regarded as the dependent of more than one person in this latter circumstance the principal carer is generally the person who has the greater degree of responsibility for the child's day-to-day care, welfare and development.
In cases where individuals are a member of a couple only one person can be eligible for principal carer status.
Example: Rhiannon and Kate are in a registered relationship and have 2 children, Lucas and Clare. Both Rhiannon and Kate are eligible for income support, however, only one of them can be regarded as the principal carer of both Lucas and Clare.
If both members of a couple could be assessed as being the principal carer and neither agrees to surrender claim for that status:
Act reference: SSAct section 5(20A) Principal carer-which member of a couple can be a principal carer
For the purpose of determining whether a person is the principal carer of a child, subsection 5(16) of the Social Security Act 1991 allows a person who is a step-parent of a child to be taken to be legally responsible for the day-to-day care, welfare and development of the child if:
However, section 5(16) does not affect the determination of whether another person is taken to be legally responsible for the child. Single step-parents continue to qualify for relevant payments where they are the principal carer, through the application of
Explanation: Stepchildren do not meet the definition of 'dependent child' that the legislation requires for a parent to qualify for PPP. Under subsection 5(16), where a partnered step-parent is providing the primary care for a child, then the person is taken to be legally responsible for the child, and the child will be taken to be a dependent child of the person. This subsection allows partnered step-parents to qualify for PPP, NSA, YA job seeker and SpB as a principal carer.
Example: Alison and her partner Derek do not have any children together, however Derek has a 3 year old daughter Ruth from his previous marriage. Ruth lives with Alison and Derek, and Alison stays home to care for her while Derek works full-time. As Alison lives with Ruth and Derek, and is responsible for the daily care and welfare of Ruth, Alison is eligible for PPP.
Act reference: SSAct section 5(16) Principal carer step-parents, section 5(2) to 5(9) Dependent child - under 16
Policy reference: SS Guide 1.1.D.70 Dependent child, 1.1.P.415 Principal carer - foster care
If the person with legal responsibility is not caring for the child, then the person who is wholly or substantially caring for the child will be the principal carer (taking any temporary absence into account - see below). In many instances, this might be a grandparent or a relative of the child who has taken on the responsibility of caring for the child where the parent is unwilling or unable to care for the child.
Example 1: Ben is 4 years old and lives with his grandmother Polly. Ben's mother Liz is legally responsible for Ben and lives with her boyfriend and sees Ben intermittently; however, she leaves all decisions affecting Ben's daily care and control to Polly. As a result of this circumstance, the determination is made that Ben is not in Liz's care. As Ben lives with Polly and Polly very substantially cares for Ben, by providing daily care, and seeing to Ben's welfare, Polly is the principal carer and eligible for PPS.
Example 2: James is 3 and lives with his mother Sharon and his grandmother Mavis. James' grandmother Mavis contributes towards expenses for James and seems to shoulder a substantial degree of the work associated with James' daily care needs. However, as the natural parent, and with no court order conferring parental responsibility to Mavis, Sharon is legally responsible for James and can demonstrate that she exercises decisions relating his daily care and control. Sharon is therefore the principal carer of James rather than Mavis.
Generally a child must be in the adult's care in order to satisfy the principal carer, dependent and PP child definitions. However, subsection 5(17) allows a person to remain the principal carer of a child during an absence from the child's care. This provision is designed to ensure that principal carers do not lose qualification for payment during short absences of the child (e.g. during the school holidays).
Since being the principal carer of a child is one of the criteria for having a PP child, it follows that the process of determining who is the principal carer during a temporary absence will also determine which carer has the PP child (1.1.P.340).
Under paragraph 5(17)(a) to (c), a person is taken to remain the principal carer of a child if:
Explanation: The purpose of paragraph 5(17)(a) to (c) is to provide a general rule which specifies an 8-week period of absence during which a child may still be taken to be in the adult's care. This allows a child to be absent from the adult who usually cares for them for a period of up to 8 weeks and still be regarded as being in that adult's care for qualification purposes. As a consequence, the person can continue to meet the principal carer definition during this period.
Example: The parents of a child are separated and the child is normally cared for by
Note: Paragraph 5(17)(a) to (c) ONLY applies:
Paragraph 5(17)(a) to (c) does NOT apply:
Example: The parents of the child are separated and the child is normally cared for by
Explanation: As the absence is for less than 8 weeks, subsection 5(17) applies. The child is still regarded as being in
It is still possible that a person may remain the principal carer of a child during an absence from the child's care exceeding 8 weeks. Subsection 5(17) does not set out any conditions to be met to allow a person to remain the principal carer of a child in these circumstances. This means that a decision must be made based on the individual circumstances of the case.
The meaning of 'in the adult's care' is relevant to making a decision under subsection5(16). The AAT recognised circumstances in which the care of the child is delegated to another person, where the care is 'limited in time and scope' to a 'period of agreed absence' would still constitute as 'in the adults care' (Re A and Director-General of Social Security 1984). Similarly, the AAT stated that a person may continue to have care of their child if they delegate certain aspects of that care 'for limited time and for limited purposes' (SDSS v Van LucHo 1987). While the length of the absence can be an important factor in making this determination it is not the overriding consideration.
This reason for the absence may be relevant to the determination. For example, the absence may be related to a seasonal work outcome which involves the custodial parent travelling away from the home for a certain period of time. Rather than disrupting the child's school arrangements, the child's care is delegated to another person. Or the parents of the child may have block shared-care arrangements in which the child lives with the non-custodial parent for a certain period of time. As the custodial parent continues to exercise control over the key decisions relating to the child, they would continue to remain the principal carer with respect to that child.
Therefore the child can continue to be regarded as being in the care of the person if the person can DEMONSTRATE AN ONGOING INVOLVEMENT in the care of the child and continues to exercise control over key decisions relating to the child. There should also be a clear indication that usual caring arrangements will resume at a specified time.
Example 1: The parents of a child are separated and the child is normally cared for by
Explanation: Subsection 5(17) allows for the continuation of payment beyond 8 weeks, if the absence is temporary. A decision as to which person is the principal carer and is qualified for PP must be made having regard to the nature of the absence. In view of the fact that
Example 2: Parent A, who is the principal carer and is receiving NSA, has joined the armed forces and, as part of the induction and training course for new recruits, (s)he is required to attend a residential training facility for 10 weeks. While attending this training
Explanation: The length of the absence is not a determining factor as it is the existence of a continuing right of control which is the dominant consideration as to whether
There may be circumstances in which a child can continue to be considered 'in the adult's care', with the parent remaining the principal carer, where the child is temporarily absent for a period of more than 12 weeks. Before making a determination, the decision maker should seek advice from the Centrelink NSO, who will consult with DEEWR.
The decision in relation to PP, NSA, YA job seeker or SpB does not affect the decision about FTB entitlement and therefore it IS possible for different outcomes to be achieved for each payment. For example,
The previous sections described where
Act reference: SSAct section 5(17) For the purpose of determining whether a person is the principal carer of the child..., section 5(2) to 5(9) Dependent child-under 16
Policy reference: SS Guide 3.5.1.20 Child-related Qualification for PP - Overview, 3.5.1.50 Child-related Qualification for PP - Shared Care, 3.5.1.65 Child-related Qualification for PP - Foster Care, 1.1.P.415 Principal carer - foster care
FA Guide 2.1.1.25 Shared Care of an FTB Child, 2.1.1.60 Change of Care of an FTB Child, 2.1.1.70 Disputed Care Arrangements
_______________________________________________________
Last reviewed: 1 July 2009
