Deverrell and Algar (Child support)

This matter concerned an application for child support made by the applicant, Deverrell, against the respondent, Algar. The dispute centred on whether the applicant was an eligible carer entitled to receive child support on the date the application was lodged. The decision under review was made by the Registrar of the Child Support Agency. The case was heard by Ms J Cuthbert, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether the applicant met the criteria of an "eligible carer" as defined by the relevant legislation at the time the application for an administrative assessment of child support was made. This involved assessing whether the applicant had the day-to-day care, welfare, and development of the child.

The Member affirmed the decision of the Registrar. The reasoning applied was that the evidence established that the applicant was indeed the eligible carer of the child on the date the application was filed. This satisfied the threshold requirement for the Child Support Agency to accept the application for an administrative assessment. The Tribunal found that the applicant had demonstrated they were responsible for the child's daily care, welfare, and development at the relevant time.