9.4.1 Overview of Children

Last amended: 1 July 2009

Definition of child

A child may be eligible to receive payments or benefits under the VEA in their own right and they may also affect the entitlements of another person (the adult). Section 5F(1) of the VEA defines child as a person under 16, or age between 16 and 25 and in full-time education.  A person is not a child if they are receiving certain social security payments.  The generally understood meaning of a child as a person who is the biological son or daughter of the adult is extended where the Act refers to the definition of that term in the Family Law Act 1975.

Dependent children and pensions benefits and allowances

For income support purposes, references to a child generally refers to a dependent child.  In some instances, there may be additional or extended qualification in terms of the age of the child, the level and the types of income receiv — ed by the child. Having a dependent child or a [glossary:child:] who meets the relevant criteria can affect:

• eligibility for income support pensions, benefits and allowances, and     
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  Section 9.4.2 Effect of Children on Eligibility for Income Support Pensions, Benefits and Allowances

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• assessment of income support payments.     
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  Section 9.4.3 Effect of Children on Assessment of Income Support Payments

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Dependent child test

The definition of 'dependent child' contained within the Social Security Act 1991 is used for VEA purposes. A young person is generally held to be dependent on an adult where:

• the adult has legal responsibility (alone or jointly with another person) for the welfare of the child, and the child is in the adult's care, or
• the young person is wholly or substantially in the adult's care, and is not a dependent child of someone else.

Income support payments in respect of children

As from 1 January 1998, dependent child add-on, guardian allowance and child related rent assistance were no longer included as components of service pension and income support supplement, unless under the relevant savings provisions, the pensioner's child became a saved child. Instead, these payments formed part of Family Tax Benefit A and Family Tax Benefit B. Where a person has a saved child, these child related payments may be made as part of the person's service pension or income support supplement.