The Law Handbook 2024

Chapter 5.1: Dealing with social security 329 eligible for Rent Assistance (ss 1070–1070X SS Act). To get Rent Assistance, a person’s fortnightly rent must meet the rent threshold. Rent Assistance can be paid if a person on an income support payment pays at least $143.40 rent per fortnight (or $232.40 per fortnight for a couple with no children). The threshold for a person receiving the Family Tax Benefit A is higher and depends on the family situation. The amount of Rent Assistance depends on: • the amount of rent paid; and • the person’s social security payments; and • the person’s family situation. Rent Assistance is calculated at 75 cents for each dollar of rent the person pays above the rent threshold, up to the maximum rate. The maximum rate is paid when a person’s rent reaches the rent ceiling. Rent Assistance is not available to people who pay rent to state housing. Rent Assistance is also not paid to people who are single, aged under 25 without dependents, living in a parent’s home, and receiving the JobSeeker Payment. (See also A Guide to Australian Government Payments for more information about Rent Assistance.) Crisis Payment A person who is experiencing severe financial hardship may be eligible for a one-off payment (ss 1061JG-1061JL SS Act). The payment applies to particular crisis situations, including: • a person has just come out of prison or psychi- atric confinement (of at least 14 days’ duration); • a person has left home and is unable to return because of an extreme circumstance, such as domestic violence or their home has been destroyed; • a person has entered Australia for the first time on a qualifying humanitarian visa; • a person has remained in their home following domestic violence and the family member responsible has left or been removed; • a national health emergency. Generally, these claims must be made within seven days of the crisis occurring or being released from prison or psychiatric confinement. TheCrisis Payment is a one-offpayment. Generally, a person can receive up to four Crisis Payments for crisis situations in any 12-month period. The number of payments allowed varies for people on qualifying humanitarian visas and people released from prison. The Crisis Payment is only available to Australian residents, SCV holders, and specified temporary visa holders depending on the person’s income support payment. A person must be in Australia at the time the crisis situation occurs. The Crisis Payment for people affected by COVID-19 ended on 1 October 2022 and is no longer available. (See also A Guide to Australian Government Payments for more information about the Crisis Payment.) Family Tax Benefit The Family Tax Benefit is a supplementary payment to assist with the direct costs of raising children. Eligibility To be eligible for the Family Tax Benefit ( FTB ), (ss 21, 22 Family Assistance Act) an adult must have at least one ‘FTB child’ and be an Australian resident or hold a special category or other prescribed visa. There is no assets test for the FTB. FTB Part A ( FTB(A) ) is a payment per child to a parent, guardian or an approved care organisation and is worked out using two income tests. The test that gives the highest rate is applied. FTB Part B ( FTB(B) ) is a per family payment that assists single-income families and families where one parent or non-parent carer is on a low income. The income test is different to the FTB(A) test. A ‘FTB child’ is generally aged under 16, an adult is legally responsible for the child’s day-to-day care, and the child is in the adult’s care and living in Australia or with the adult. A person aged 16–19 may also be a FTB child if they are in an adult’s care and living in Australia, or they live with the adult and are doing full-time secondary study (the maximum age for FTB is 19 from 1 January 2013). Since 1 July 2016, FTB(A) and FTB(B) have been payable if the FTB recipient or FTB child is overseas for up to six weeks (specified temporary visa holders may only be paid in limited circumstances). If the FTB recipient or FTB child is overseas for more than six weeks, FTB is stopped. If the FTB recipient or FTB child return to Australia within 13 weeks of the payment being stopped, it can be recommenced, but