Barker and McCouch (Child support)

This matter concerned an application by Barker (the mother) to extend a child support assessment beyond the eighteenth birthday of her twins. The dispute arose when the application was not accepted by the Registrar, leading to a review by the Tribunal. The central question was whether exceptional circumstances justified accepting the late application.

The legal issues before the Tribunal were whether the mother’s circumstances constituted "exceptional circumstances" for the purposes of section 151C(2)(e)(ii) of the Child Support (Registration and Collection) Act 1988, thereby justifying the acceptance of her application to extend the child support assessment beyond the twins' eighteenth birthday. The Tribunal was also required to consider whether the twins were in full-time secondary education on their eighteenth birthday, a prerequisite for such an extension.

The Tribunal reasoned that while the legislation does not define "exceptional circumstances," the Child Support Guide provides relevant examples. The Tribunal found that the mother's inability to access her myGov account from March to May 2023, and her failure to access a notification letter dated 25 November 2022, were significant factors. Furthermore, the Tribunal accepted the mother's testimony regarding her severe physical and mental health issues between November 2022 and March 2023, which coincided with an itinerant lifestyle and an inability to meet her children's basic needs. The Tribunal also considered the mother's history with child protection services, including the temporary removal of her children and the twins' return to protective care due to violence from their older brother. These factors, taken together, were considered to constitute exceptional circumstances justifying the late application.

The Tribunal set aside the decision under review and substituted an order accepting the mother's application to extend the child support assessment.