• Are you the eligible person for the baby bonus?

    Attention

    Warning:

    This information may not apply to the current year. Check the content carefully to ensure it is applicable to your circumstances.

    End of attention

    Definitions

    Some important terms - such as legal responsibility - are explained at the end of these instructions.

    An eligible person is someone who has the right to claim the baby bonus and can decide whether to transfer their eligibility for the baby bonus to their spouse. To find out if you are the eligible person, you need to work through the steps on this page and be able to answer YES at step 6.

    Even if you claimed the baby bonus last year, you should still work through the steps on this page to see if you are eligible this year. If you are a transferee it is your spouse who needs to work through the steps.

    You can only claim the baby bonus this year if you gained legal responsibility of your child before 1 July 2003.

    What you need to do

    You - and your spouse if you have one - need to work through steps 1-6 to see if you are the eligible person. Usually, it is the mother who is the eligible person.

    The steps will also help you work out if you have an eligible child. There can only be one eligible child. This is the child you first became legally responsible for after 30 June 2001.

    Step 1

    Do you satisfy all of the following conditions?

    • You became legally responsible for a child after 30 June 2001 - for example, by birth or through adoption. If you adopted a child, see Did you adopt a child?
    • You were an Australian resident at the time.
    • You did not have legal responsibility for the child before 1 July 2001.

    No

    You are not eligible for the baby bonus.

    Yes

    You have an eligible child. Go to step 2.

    Did you adopt a child?

    If you adopted the child with another person, and that other person was legally responsible for the child before 1 July 2001, you cannot claim the baby bonus for that child.

    If your child turned five on 1 July 2002, you may be able to claim this year. You will only be entitled to claim for the number of days from the date you gained legal responsibility to 30 June 2002 if:

    Step 2

    Was the eligible child aged under five during the year and, at that time:

    • you had legal responsibility for and care of the child, and
    • you were an Australian resident?

    No

    You are not eligible for the baby bonus. Check whether your spouse is eligible.

    Yes

    Write in box A the number of days during the year that you can answer YES to this question. Go to step 3

    A

    Step 3

    Have you been the eligible person for another child?

    Important:

    If you have claimed the baby bonus for another child who has died before their fifth birthday, answer to NO this question.

    No

    Go to step 4.

    Yes

    You are not eligible for the baby bonus. Check whether your spouse is eligible.

    Step 4

    Was there another person (including your spouse) who had legal responsibility for and care of the child during any of the days you have written in box A?

    No

    Go to step 6.

    Yes

    Read below.

    Has that person ever been the eligible person for another child?

    No

    Go to step 5.

    Yes

    Write in box B the number of days during 2002-03 that this person had legal responsibility for and care of your child. Go to step 5.

    B

    Step 5

    Are you the birth mother?

    No

    Write in box C the number of days that you shared legal responsibility for and care of your child with a person who is listed before you in the Selection list. Go to step 6.

    Yes

    Go to step 6

    C

    Selection list

    The birth mother, the adoptive mother, any other woman, the natural father, the adoptive father, any other man.

    Step 6

    Is the number of days at box A more than the number of days at either box B or C? If you have not completed box B or C, your answer is YES.

    No

    You are not eligible for the baby bonus. Check whether your spouse is eligible.

    Yes

    You are the eligible person. Read on.

    Last modified: 17 Dec 2009QC 16835