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Reviews and Appeals : Contents

Review of decision when child turns 18

A parent or caregiver can apply for a Review of Decision when they do not agree with a decision about whether, or for how long, their child is considered to be a dependent child and is included in their payments on or after their child's 18th birthday.

This includes (but is not limited to):

  • a decision to exclude their child on their 18th birthday - for example, when the parent or caregiver has information that would mean the child can still be considered a dependent child for a limited period
  • the date that MSD has excluded their child from their payment if they were still considered a dependent child after their 18th birthday
  • a decision about whether, or for how long, to continue paying the benefit (or rate of benefit, where relevant) after the 18-year-old child would otherwise have been excluded - for example after the death of a client getting a benefit

Automated decision-making

When a parent or caregiver has not responded to the notice that their child will be excluded, automated decision-making is used to automatically exclude the child when they turn 18. This exclusion may result in the parent or caregiver's payments continuing at the same rate, continuing at a different rate, suspending, or cancelling.

Note discretionary benefits will always suspend when a parent or caregiver does not respond to the notice.

The parent or caregiver can apply for a Review of Decision if they do not agree with the decision to exclude their child from their payments made through automated decision-making.

For more information see:

Legislation

  • Effect of child turning 18 years old subpart 18 part 2, Social Security Act 2018