{"id":"F2018L00877","name":"Family Tax Benefit (Meeting the Health Check Requirement) Determination 2018","slug":"family-tax-benefit-meeting-the-health-check-requirement-determination-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439674,"registerId":"F2018L00877-fast-fetch-1775955608345","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Tax Benefit (Meeting the Health Check Requirement) Determination 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nFamily Tax Benefit (Meeting the Health Check Requirement) Determination 2018\n\nI, Dan Tehan, Minister for Social Services, make the following instrument.\n\nDated 22 June 2018 \n\nDan Tehan\n\nMinister for Social Services\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Specified period\n\n6  Health check requirement\n\n7  Required examinations and assessments for overseas health checks\n\n8  Classes of children taken to meet the health check requirement\n\n \n\n \n\n1  Name\n\n  This instrument is the Family Tax Benefit (Meeting the Health Check Requirement) Determination 2018.\n\n2  Commencement\n\n  This instrument commences on 1 July 2018.\n\n3  Authority\n\n  This instrument is made under paragraphs 61A(9)(a) and (c) of the A New Tax System (Family Assistance) Act 1999.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the A New Tax System (Family Assistance) Act 1999.\n\nSocial Security Act means the Social Security Act 1991.\n\n5  Specified period\n\n  For the purposes of section 6 and paragraph 8(c), the specified period is the period that commences on the day the child turns 3 and ends on the day before the child turns 5 or, if the Secretary has determined a later day under subsection 61A(5) of the Act, that later day.\n\n6  Health check requirement\n\n  The health check requirement for a child is that the child meets one of the following requirements:\n\n1.     the child has undergone, within the specified period, an age appropriate health check provided under a State or Territory program and conducted by a suitably qualified health professional;\n2.     the child has undergone, within the specified period, a health check that:\n\n\n1.                   took place in another country; and\n2.                was conducted by a suitably qualified health professional; and\n3.              included the required assessments and examinations set out in section 7.\n\n\n7  Required examinations and assessments for overseas health checks\n\n              For paragraph 6(b), the required assessments and examinations are:\n\n1.     height and weight (plot and interpret growth curve and calculate Body Mass Index); and\n2.     eyesight; and\n3.     hearing; and\n4.     oral health (teeth and gums); and\n5.     toileting; and\n6.      allergies.\n\n\n8  Classes of children taken to meet the health check requirement\n\n   A child who is a member of one of the following classes is taken to meet the health check requirement:\n\n1.     the class of children, each member of which is a child in respect of whom another person was receiving a carer payment or carer allowance under the Social Security Act at any time from the beginning of the income year in which the child turned 4 to the day before the child turns 5 or, if the Secretary has determined a later day under subsection 61A(5) of the Act, that later day;\n2.     the class of children, each member of which is a child qualified for a health care card under subsection 1061ZK(3) of the Social Security Act at any time from the beginning of the income year in which the child turned 4 to the day before the child turns 5 or, if the Secretary has determined a later day under subsection 61A(5) of the Act, that later day;\n3.     the class of children, each member of which is a child who:\n\n\n(i)                  has been assessed by a medical practitioner as having a severe disability or a severe medical condition; and\n\n(ii)                 has undergone, within the specified period, a health assessment suitable to their needs, conducted by a suitably qualified health professional.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This determination implements and clarifies procedural details required by the Act: it defines the specified period, acceptable forms of health checks (including required components for overseas checks), and classes of children treated as meeting the requirement. It does not, on its face, expand or narrow who is entitled to Family Tax Benefit under the Act; it specifies how the existing health‑check condition is to be satisfied."},"complexity_factors":["Cross-references to other Acts (A New Tax System (Family Assistance) Act 1999 for authority; Social Security Act 1991 for carer/payment and health care card links) (see s3 and s8)","Timing and conditional window (the 'specified period' runs from a child turning 3 to before turning 5, but can be extended by Secretary under subsection 61A(5)) (s5)","Different evidence routes: domestic State/Territory program checks versus overseas checks with a strict list of required assessments (s6, s7)","Unspecified standard: concept of a 'suitably qualified health professional' is required but not defined in the instrument, leaving administrative discretion (s6, s7)","Automatic classes of children taken to meet the requirement rely on temporal tests tied to income year timing and Social Security entitlements, creating verification complexity (s8)","Operational detail vs policy scope: instrument prescribes procedural criteria rather than changing underlying entitlement rules, but implementation needs records and verification systems"],"plain_english_summary":"This instrument sets out what counts as meeting the Family Tax Benefit \"health check\" for children aged about 3 to 5. It defines the time window, accepts state or territory checks, and allows overseas checks only if they include six specific assessments (growth, eyesight, hearing, oral health, toileting, allergies). It also lists categories of children who are automatically treated as meeting the requirement (carer payment/allowance cases, health care card holders, and children with severe disability who had a suitable assessment)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument remains tightly focused on its original purpose: operationalising the health check requirement for Family Tax Benefit Part A. It does not expand beyond specifying timeframes, acceptable health check types, and exemption categories as authorised by section 61A of the Family Assistance Act."},"complexity_factors":["Short instrument with only 8 sections and minimal cross-referencing","Only 2 defined terms in section 4 ('Act' and 'Social Security Act')","Simple conditional structure: either/or requirements in section 6, with straightforward exemptions in section 8","Single level of nested numbering (section 6(b) has sub-points i-iii; section 8(c) has sub-points i-ii)","No exceptions to exceptions or complex temporal calculations beyond basic age-based windows","Relies on external definitions ('suitably qualified health professional', 'Secretary') from the parent Act rather than defining them here"],"plain_english_summary":"This law requires parents receiving Family Tax Benefit Part A to have their child undergo an age‑appropriate health check between ages 3 and 5 (or an approved extension) to keep the full payment. Acceptable checks include state/territory child health programs or equivalent overseas checks by a qualified professional covering key assessments.\n\nExemptions apply for children of carers, those with disability‑related Health Care Cards, or severe medical conditions. Failure to meet the requirement can reduce the Family Tax Benefit payment."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/family-tax-benefit-meeting-the-health-check-requirement-determination-2018","history":"/api/acts/family-tax-benefit-meeting-the-health-check-requirement-determination-2018/history","analysis":"/api/acts/family-tax-benefit-meeting-the-health-check-requirement-determination-2018/analysis","conflicts":"/api/acts/family-tax-benefit-meeting-the-health-check-requirement-determination-2018/conflicts","importantCases":"/api/acts/family-tax-benefit-meeting-the-health-check-requirement-determination-2018/important-cases","documents":"/api/acts/family-tax-benefit-meeting-the-health-check-requirement-determination-2018/documents"}}