Crowley and Scobie (Child support)
[2025] ARTA 1630
•11 July 2025
Crowley and Scobie (Child support) [2025] ARTA 1630 (11 July 2025)
Applicant/s: Mr Crowley
Respondent: Child Support Registrar
Other Parties: Miss Scobie
Tribunal Number: 2025/MC029543
Tribunal: General Member P Noonan
Place:Melbourne
Date:11 July 2025
Decision:The Tribunal varies the decision under review so that:
· As reported on 30 October 2023, the cost of the child’s school photos, totalling $50.68, paid on 29 August 2023, is to be credited against Mr Crowley’s child support liability in accordance with section 71A of the Child Support (Registration and Collection) Act 1988.
· As reported on 30 October 2023, the cost of the child’s glasses, totalling $199.00, paid on 9 October 2023, is to be credited against Mr Crowley’s child support liability in accordance with section 71C of the Child Support (Registration and Collection) Act 1988.
CATCHWORDS
CHILD SUPPORT – non-agency payments – child’s school photos and glasses – cost of glasses a specified payment as essential medical service – credited against child support liability – air travel and phone not specified payments – decision under review varied
Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information pursuant to subsection 16(2AB) of the Child Support (Registration and Collection) Act 1988.
Statement of Reasons
BACKGROUND
This is a review by the Administrative Review Tribunal (“the Tribunal”) of a decision made by Services Australia – Child Support (“Child Support”) made on 21 March 2025. That decision was a decision made by an objections officer to disallow an objection lodged by Mr Crowley to an original decision made on 20 November 2023.
A child support case has been in place with Child Support since 4 March 2013 with respect to Mr Crowley and Miss Scobie with Child Support responsible for collection of child support since 13 March 2014 with respect to one child. Mr Crowley is the payer of child support.
The original decision was to refuse various payments totalling $859.16 as ordinary prescribed non-agency payments.
Mr Crowley applied for review with the Tribunal on 24 March 2025. A hearing into the matter was held on 30 June 2025. Mr Crowley gave evidence to the Tribunal. Miss Scobie was invited to the hearing but advised the Tribunal that she did not wish to participate. The Tribunal notes that Miss Scobie remains a party to the hearing and as such will receive a copy of this decision. The Tribunal proceeded with just Mr Crowley. In addition to the hearing papers prepared pre-hearing a post hearing submission of evidence was submitted by Mr Crowley. This has been exchanged for information with this decision to Miss Scobie
ISSUES
The statutory provisions relevant to this review are contained in the Child Support (Registration and Collection) Act 1988 (the Act).
The issue in this case is whether all or part of the various payments totalling $859.16 may be credited as non-agency payments against the father’s child support liability.
CONSIDERATION
In his application for review Mr Crowley sought review of expenses, as follows:
·As reported to Child Support on 3 October 2023, the cost of flights for the child to see him, as he resides in a different state to the child, totalling $409.48, paid on 10 March 2023.
·As reported to Child Support on 3 October 2023, the costs of the child’s phone, totalling $200.00, paid in increments of $50.00 on 29 May 2023, 29 June 2023, 29 July 2023 and 29 August 2023.
·As reported to Child Support on 30 October 2023, the cost of the child’s school photos, totalling $50.68, paid on 29 August 2023.
·As reported to Child Support on 30 October 2023, the cost of the child’s glasses, totalling $199.00, paid on 9 October 2023.
Child Support is recorded as contacting Miss Scobie on 17 and 20 November 2023 in which conversations she stated that she did not agree that these claimed payments were intended by her to be in lieu of child support otherwise payable to her by Mr Crowley.
Section 71A of the Act allows Child Support to credit an amount paid by the payer to a third party in satisfaction of a debt owed by the payee and that was intended by both the payer and payee to be paid in satisfaction of a child support liability.
On 21 March 2025 Child Support records that Miss Scobie advised she would be happy to allow credit for the school photo expense claimed by Mr Crowley. There is no indication in the papers that Miss Scobie has agreed to any other of Mr Crowley’s claimed payments.
The Tribunal is satisfied that the cost of the child’s school photos, totalling $50.68, paid on 29 August 2023 should be credited and that it was in satisfaction of a debt owed to the photography company or school and that intent is proven. As such this payment should be credited against Mr Crowley’s child support liability as the Tribunal is satisfied the payment was made and that it was made in respect of an enforceable maintenance liability.
The Tribunal finds that mutual intention with respect to the other amounts claimed by Mr Crowley has not been established.
Section 71C of the Act states payments made by a liable parent for certain specified items may be taken into account in partial satisfaction of the liable parent’s child support liability. Joint intention or agreement is not required. However, the payments must be of the kind specified in regulation 19 of the Child Support (Registration and Collection) Regulations 2018:
19 Specified payments
For the purposes of paragraph 71C(1)(b) of the Act, payments of the following kinds in relation to an enforceable maintenance liability are specified:
(a) child care costs for the child who is the subject of the enforceable maintenance liability;
(b) fees charged by a school or preschool for that child;
(c) amounts payable for uniforms and books required by a school or preschool for that child;
(d) fees for essential medical and dental services for that child;
(e) the payee’s share of amounts payable for rent or a security bond for the payee’s home;
(f) the payee’s share of amounts payable for utilities, rates or body corporate charges for the payee’s home;
(g) the payee’s share of repayments on a loan that financed the payee’s home;
(h) costs to the payee of obtaining and running a motor vehicle, including repairs and standing costs.
The Tribunal discussed with Mr Crowley that air travel costs do not appear to fall within the specified payments. Further, this cost appears to have been taken into account in a recent and applicable change of assessment decision. The Tribunal also discussed with Mr Crowley that the phone costs also do not appear to fall within the specified payments. Mr Crowley did not make any substantive submissions to the contrary. The Tribunal finds that air travel costs and phone cost claimed by Mr Crowley do not fall within paragraph 71C(1)(b) of the Act, which specifies that the payment must be of a kind specified in the regulations, and therefore the payments cannot be credited under this provision.
With respect to the glasses, Mr Crowley submitted an optometrist record with respect to this expense for the child. The Tribunal is satisfied that the cost is an essential medical cost as an eye test and prescription eye wear as as such meets the requirement of paragraph 71C(1)(b) of the Act. The Tribunal is satisfied that Mr Crowley has incurred the cost as per his receipt contained in the papers. The Tribunal is satisfied that Mr Crowley did not have at least regular care of the child and that it has not already been credited. There is nothing before the Tribunal with respect to this payment that would cause it to consider the discretion under section 71D to refuse to credit the amount.
Given the above, the Tribunal is satisfied that the cost of the child’s glasses, totalling $199.00, paid on 9 October 2023 should be credited against Mr Crowley’s child support liability.
DECISION
The Tribunal varies the decision under review so that:
·As reported on 30 October 2023, the cost of the child’s school photos, totalling $50.68, paid on 29 August 2023, is to be credited against Mr Crowley’s child support liability in accordance with section 71A of the Child Support (Registration and Collection) Act 1988.
·As reported on 30 October 2023, the cost of the child’s glasses, totalling $199.00, paid on 9 October 2023, is to be credited against Mr Crowley’s child support liability in accordance with section 71C of the Child Support (Registration and Collection) Act 1988.
| Date of hearing: | Monday, 30 June 2025 |
| Representative for the Applicant: | None |
| Representative for the Other party: | None |
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