Informal Kinship Care vs Foster Care in the ACT: Payments, Rights and Key Differences
Same Work, Different Rules
A grandmother raising her grandson under an informal family arrangement and a formally approved kinship carer looking after a child under a CYPS placement order do essentially the same daily work — school runs, meals, doctor visits, homework, bedtime. But the ACT Government treats them very differently when it comes to financial support, decision-making authority and case management.
Understanding which category you fall into determines what payments you can claim, what authority you have over schooling and medical decisions, and where to go for help.
The Three Care Arrangements in the ACT
Informal kinship care — a private family arrangement. A child lives with a grandparent, aunt, uncle or other relative without any court order and without CYPS involvement. Parental responsibility stays legally with the birth parents. This is the most common arrangement for kinship carers who step in during a family crisis.
Statutory kinship care (OOHC) — the Community Services Directorate places a child with a relative under a care and protection order through the ACT Children's Court. Parental responsibility shifts to the CSD Director-General, with day-to-day care delegated to the approved carer. The Kinship Assessment and Support Team assesses potential carers before approving the placement.
Enduring Parental Responsibility (EPR) — a long-term order under the Children and Young People Act 2008 that transfers parental responsibility to the carer until the child turns 18. CSD oversight reduces, but certain financial supports continue.
The Financial Gap
This is the sharpest difference:
| Informal kinship carer | Statutory kinship carer | |
|---|---|---|
| ACT Foster and Kinship Care Subsidy | Not eligible | Eligible — fortnightly, age-banded, tax-exempt |
| CSD expense reimbursements | Not eligible | Eligible with case manager approval |
| Family Tax Benefit | Eligible (35%+ care) | Eligible |
| Foster Child Health Care Card | Eligible (no income test) | Eligible |
| Double Orphan Pension | Eligible (if criteria met) | Eligible (if criteria met) |
| Carer Allowance | Eligible (if child has disability) | Eligible (if child has disability) |
| ACCS Grandparent | Eligible (grandparents on income support) | Eligible |
| ACT Equity Fund grants | Eligible (with concession card) | Eligible |
Informal carers receive no territory-level financial support. Everything they access comes through the Commonwealth (Centrelink) system or ACT cost-of-living programs that are not specific to kinship care.
For FTB, at least 35% actual care is the threshold for a proportion of payment. Non-parent carers who live in the same home as the child's birth parent are generally excluded unless exceptional circumstances apply.
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Decision-Making Authority
Informal carers have no automatic legal authority over the child. Birth parents retain parental responsibility, which means:
- You cannot consent to elective surgery or major medical procedures
- Schools may request additional documentation for enrolment
- You cannot enrol the child in the NDIS as their representative without evidence of decision-making authority
Statutory carers operate under delegated authority from CSD for day-to-day decisions, with CSD holding ultimate legal responsibility. EPR carers gain the broadest authority — including educational and routine medical decisions — without needing CSD sign-off.
Case Management and Support
Statutory carers have an assigned case manager (either directly from CYPS or through a partner agency like Barnardos, Key Assets or OzChild) who coordinates services, manages birth family contact and authorises expense claims.
Informal carers navigate entirely on their own. Carers ACT (02 6296 9965) offers free advocacy and can help you prepare for meetings, draft reimbursement requests (if you later enter the statutory system) and resolve disputes — but they are not a case management service.
Can an Informal Arrangement Become Statutory?
Yes, but it requires child protection involvement. If CYPS determines that a child protection concern exists and the child needs statutory placement, they can assess you as a kinship carer and issue a placement order. This brings the ACT subsidy and case management — but also CSD oversight, contact arrangements, and mandatory review dates.
For most families, a Federal Parenting Order through the FCFCOA is the middle ground — it formalises the carer's authority without child protection involvement, though it does not trigger the ACT territory subsidy.
The ACT Kinship Carer Support guide explains each arrangement and maps the payments, paperwork and contacts for your specific situation.
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