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
- Appeals and reviews unaffected section 363D Social Security Act 2018
- Reviews by benefits review committee subpart 2 part 7, Social Security Act 2018
- Benefits review committees schedule 7 Social Security Act 2018
- After death of beneficiary section 326 Social Security Act 2018
- Benefits payable to sole parent who stops caring for dependent child due to sudden and uncontrollable circumstances section 327 Social Security Act 2018
- Supported living payment payable to beneficiary who stops caring for another person section 328 Social Security Act 2018
- If child ceases to be entitled to orphan's benefit or unsupported child's benefit section 329 Social Security Act 2018
