Boulding and Wrinch (Child support)

This matter concerned an appeal by the father, Mr. Boulding, against a child support liability assessment. The dispute centred on whether the father's liability for child support should be reduced from the minimum annual rate to nil. The father sought this reduction on the basis that he was a prisoner and argued that a prison allowance he received should be disregarded as income for the purposes of child support assessment. The decision was made by Member S Cullimore of the Child Support Division of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the father's prison allowance constituted "income" for the purposes of the *Child Support (Registration and Collection) Act 1988* (Cth) and associated legislation, and if so, whether it should be disregarded in calculating his child support liability. Specifically, the Tribunal had to determine if the allowance fell within any of the statutory exceptions that would permit a reduction of his liability to nil.

The Tribunal considered the definition of "income" under the relevant legislation and the specific provisions relating to the assessment of child support for prisoners. It was determined that the prison allowance received by the father was not considered income for the purposes of child support assessment. This was because the allowance was a payment made to a prisoner for participation in a work program within a correctional facility and did not meet the criteria for income as defined in the legislation, nor did it fall within any category that would be disregarded. Consequently, the Tribunal found that the father's liability for child support should not be reduced to nil based on this allowance.

The Tribunal set aside the original decision under review and substituted a new decision. The father's application for his child support liability to be reduced to nil was dismissed.