Last amended: 1 July 2009
VEA ? [2]
A child may be eligible to receive payments or benefits under the VEA [3] in their own right and they may also affect the entitlements of another person (the adult). Section 5F(1) [4] 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.
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 received by the child. Having a dependent child [3] or a [glossary:child:] who meets the relevant criteria can affect:
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:
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 [3]. Instead, these payments formed part of Family Tax Benefit A [3] and Family Tax Benefit B [3]. 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.
More ? [7]
Section 9.4.2 Effect of Children on Eligibility for Income Support Pensions, Benefits and Allowances [9]
Veterans' Entitlements Act 1986.
Section 5F(1) of the VEA defines dependent child as having the same meaning as in the Social Security Act 1991. For income support purposes, dependent child is defined as:
Child under 16 years
A child under 16 years cannot be considered a dependent child if:
Child 16 years or older
A young person who has turned 16 years but is under 22 years can still be a dependent child of the pensioner if:
A child over 16 years cannot be considered a dependent child if:
Income includes earning from casual, part-time or full-time earnings.
Note: the meaning of a dependent child for DVA income support pension purposes is not the same as the meaning for Family Tax Benefit purposes.
From 1 January 1998 responsibility for administration of most income support child related payments was transferred to Centrelink [3]. However, saving provisions allow any person in receipt of service pension [3] or income support supplement [3] on 31 December 1997 who would be or is financially disadvantaged by the transfer to continue having their child related payments paid by DVA [3]. Saved children are assessed under the rules contained in the VEA as at 31 December 1997.
Family Tax Benefit A is a payment made by the Family Assistance Office to assist families with the cost of raising children. It replaces Minimum Family Allowance, Family Allowance, Family Tax payment Part A and Family Tax Assistance Part A.
Family Tax Benefit B is a payment made by the Family Assistance Office to provide additional assistance to families with one main earner, including sole parents. It replaces Family Tax payment part B, Dependent Spouse Rebate (with children), Sole Parent Rebate, Basic Parenting Payment, Guardian Allowance and Family Tax Assistance Part B.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16044%23comment-form
[2] https://clik.dva.gov.au/book/export/html/16044#tgt-cspol_part9_ftn396
[3] https://clik.dva.gov.au/%23
[4] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[5] https://clik.dva.gov.au/book/export/html/16044#tgt-cspol_part9_ftn397
[6] https://clik.dva.gov.au/book/export/html/16044#tgt-cspol_part9_ftn398
[7] https://clik.dva.gov.au/book/export/html/16044#tgt-cspol_part9_ftn399
[8] https://clik.dva.gov.au/book/export/html/16044#ref-cspol_part9_ftn396
[9] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/94-children/942-effect-children-eligibility-income-support-pensions-benefits-and-allowances
[10] https://clik.dva.gov.au/book/export/html/16044#ref-cspol_part9_ftn397
[11] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/94-children/943-effect-children-assessment-income-support-payments
[12] https://clik.dva.gov.au/book/export/html/16044#ref-cspol_part9_ftn398
[13] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/94-children/944-payments-respect-saved-children
[14] https://clik.dva.gov.au/book/export/html/16044#ref-cspol_part9_ftn399
[15] https://clik.dva.gov.au/book/export/html/16044#tgt-SSA_ftn1
[16] http://www.comlaw.gov.au/Series/C2004A04121
[17] https://clik.dva.gov.au/book/export/html/16044#ref-SSA_ftn1