2.9.5: Amending assessments

Version 2.4, Last updated 8 March 2011 11:15am

Context

CSA can amend an assessment to take into account changed circumstances.

Legislative references

Sections 12, 54F, 54G, 54H, 73A, 74, 74A and 75 Child Support (Assessment) Act 1989
Part 1, Schedule 3 Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Act 2008
Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010

Explanation

When can CSA amend an assessment?

CSA can amend an assessment at any time to give effect to the provisions of the Act (section 75). An assessment can be amended despite the fact that:

the child support has been paid;
the child support period has ended; or
there are SSAT, AAT or court proceedings pending in relation to the assessment.

The reasons why an assessment may be amended include (but are not limited to):

correcting any error or mistake (whether or not made by CSA);
correcting the effect of any false or misleading statement made to CSA;
giving effect to a terminating event;
giving effect to a care determination or interim care determination;
giving effect to a change in a parent’s or non-parent carer's percentage of care;
giving effect to an event or change of circumstances that affects the annual rate of child support;
giving effect to CSA's acceptance of a child support agreement;
giving effect to a decision of the SSAT; and
giving effect to a decision or order of a court which has jurisdiction under the Act.

CSA will amend an assessment under section 75 where the amendment is necessary to give effect to a provision of the Act, either expressly or impliedly.

Example

If there is a decision to allow an objection, CSA will amend the assessment to give effect to the decision.

CSA cannot amend an assessment where there is no express or implied requirement to amend an assessment. Also, CSA cannot make an amendment that contravenes a specific provision of the Act.

Where a customer is dissatisfied with a CSA decision, they should use the administrative processes that are part of the child support legislation namely the objection process and review by the Social Security Appeals Tribunal. These processes allow the information available and the decisions made to be considered in a way that is procedurally fair to both customers. Generally, CSA will use section 75 to correct errors only if:

it is an obvious error of fact;
all affected customers agree to the correct facts;
the error can be fixed simply and easily.

If CSA caused the error or substantially contributed to it, CSA is more likely to use section 75 to correct the assessment rather than the objection process. Affected parents have the right to object to a decision under section 75 to correct an error.

Changes in care percentages

As a result of legislative changes made by the Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010, from 1 July 2010, a new percentage of care can be determined whenever the care of a child has changed (sections 54F, 54G and 54H).

Prior to 1 July 2010, a new percentage of care will only be determined if one of the following situations has occurred:

a change of less than 7.1% because of a new agreement, plan or order, including a variation of such an agreement, plan or order;
a change in care arrangements of at least 7.1% (i.e. 1 night per fortnight) that alters the person's cost percentage for the child;
a change in care arrangements where a person's percentage of care for the child has fallen below 14%;
a change in care arrangements where a person's percentage of care for the child has increased to 14% or above;
a change in care arrangements where a person's percentage of care for the child has fallen below 35%; or
a change in care arrangements where the percentage of care has increased to 35% or above.

See Chapter 2.2.3 for more information on when the care percentage used in an assessment may be changed.

Date of effect of change in care

Generally, if CSA amends an assessment to take into account a change in a parent's or non-parent carer's percentage of care for a child, the amendment takes effect on and from which ever of the following days is applicable: (section 54F(2)):

if the CSA is notified (or otherwise becomes aware), of the change within 28 days after the date of the change, the date on which the change took place.
in any other case the amendment will take effect from the day CSA was notified or becomes aware of the change.

If, however, a parent's care has fallen below 14% despite the child being made available to them, and the other parent notifies CSA within a reasonable time, CSA will change the assessment from the date the first parent's pattern of care ceased. See Chapter 2.2.7 for more information on below regular care decisions and date of effect.

WA ex-nuptial cases and decisions made prior to 6 January 2009

The Further 2008 Budget Measures Act amended sections 48, 52, 74A and 75 from 6 January 2009 (or 3 March 2011 for WA ex-nuptial cases).

The legislative changes made by the Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010 applying from 1 July 2010 also apply to WA ex-nuptial children from 3 March 2011.

In relation to WA ex-nuptial cases and decisions made prior to 6 January 2009 (or 3 March 2011 for WA ex-nuptial cases):

an assessment would only be amended if there was a change of at least 7.1% in the care percentage that affects the annual rate of child support payable, or the person's care percentage moved above or below 14%
a change in the care percentage would apply on and from the day CSA was notified or otherwise became aware of the change of care percentage, with the exception of determinations made in accordance with section 53.

See Chapter 1.4.3 for further details of the date from which various provisions had effect for WA ex-nuptial cases.

Adding a relevant dependent child

If a parent advises CSA of a relevant dependent child that was not taken into account in their child support assessment, CSA can amend the assessment to recognise the cost to the parent in caring for that child. The date the amendment takes effect will depend upon the date CSA became aware of the relevant dependent child (section 73A).

CSA does not need an application from a parent before a relevant dependent child can be added to the assessment. CSA can become aware of the need to add a relevant dependent in other ways, for example from information provided by Centrelink or by a parent's authorised representative.

If CSA becomes aware of the child within 28 days of that child becoming a relevant dependent child (e.g. the date the child was born, or came to live with the parent), (or 90 days if the parent is a resident of a reciprocating jurisdiction – section 73A(2)) CSA can amend the assessment from the date the child became a relevant dependent child (section 73A(1)(c)).

Example

M and F1 have been assessed in respect of the costs of their children A and B. M rings CSA on 26 August 2008 to advise that a new child Z has been born to M and F2. Z was born on 8 August 2008. The assessment for A and B is amended from 8 August 2008, the date the child became a relevant dependent child.

Alternatively, if CSA becomes aware of the child within 28 days of sending the parent a notice of assessment when CSA has accepted an application for administrative assessment, (or 90 days if the parent is a resident of a reciprocating jurisdiction - S73A(2)) then CSA can amend that assessment from the date the application was made (section 73A(1)(d)).

Example

An application for administrative assessment is made by F1 on 20 August 2008. The application is to have the costs of their children A and B assessed. A notice advising that the application has been accepted is sent to M on 4 September 2008. M rings CSA on 23 September 2008 to advise that M and F2 have a four year old child, Y. The assessment is amended to show that M has a relevant dependant child from 20 August 2008, the date the application was made.

Otherwise, CSA will amend the assessment from the date it was notified or became aware the parent has a relevant dependent child (section 73A(1)(e)).

Example

M and F have been assessed in respect of the costs of their children A and B, with the current child support period being from 14 September 2008 to 13 December 2009. M rings CSA on 12 November 2008 to advise that the child X, a natural child of M, has been in M's care since April 2008. The assessment is amended from 12 November 2008, the date of notification.

Giving effect to terminating events or changes in circumstances

If CSA is notified, or becomes aware of:

a terminating event (section 12); or
an event which affects the annual rate of child support payable;

it will immediately take into account a terminating event or change of circumstances that affects the rate of child support payable (section 74).

CSA will amend an assessment from the date a child ceases to be a relevant dependent child, no matter when CSA became aware of that fact (section 74(1)(b)(ii)).

See Chapter 2.10.1 for information about when parents reconcile and the child support liability is suspended.