Chaucer and Catleugh (Child support)

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding child support assessments. The applicants, Chaucer and Catleugh, sought to challenge decisions made by the Child Support Registrar concerning the percentage of care for their child. The core of the dispute revolved around the Registrar's determination of the percentage of care, particularly in circumstances where an older child was living out of the home, leading to the revocation of existing percentage of care determinations and the making of new ones.

The AAT was required to determine two primary legal issues. Firstly, it had to consider whether the Registrar's decision to revoke existing percentage of care determinations and make new ones was correct, specifically in light of the child's living arrangements. Secondly, the Tribunal had to determine the date of effect for any revised percentage of care determination, including whether there were special circumstances that would permit an application for review to be lodged out of time.

In its reasoning, the AAT applied the principles of the *Child Support (Registration and Collection) Act 1988* concerning the determination of care percentages. The Tribunal found that the Registrar had correctly considered the relevant factors when revoking the previous determinations and making new ones, particularly given the child's living situation. Regarding the timeliness of the application, the AAT concluded that no special circumstances existed to justify accepting the review application outside the prescribed time limits. Consequently, the AAT varied the Registrar's decision, with the date of effect of the Tribunal's decision being the date the application for review was lodged.