Deyes and Child Support Registrar (Child support)

This matter concerned an application by Mr Deyes for an extension of time to lodge an objection to a child support decision made by the Child Support Registrar on 2 March 2022. The tribunal was required to consider whether to grant this extension, applying principles established in case law and the Child Support Guide.

The legal issues before the tribunal were whether Mr Deyes had provided a satisfactory explanation for the significant delay in lodging his objection, whether granting the extension would cause prejudice to the other parent or the general public, and whether there were merits in reviewing the substantive application. The tribunal also considered whether it was fair and equitable to grant the extension.

The tribunal reasoned that while the 28-day time limit for objections is generally enforced, extensions can be granted if there are acceptable reasons. Mr Deyes claimed he did not receive the original decision notice dated 2 March 2022, which the tribunal accepted as a credible explanation for his delay in contacting the Child Support Agency (CSA). The tribunal found that Mr Deyes did not rest on his rights once he became aware of the assessment, as evidenced by his prompt contact with the CSA upon receiving a subsequent notice. Furthermore, the tribunal was satisfied that granting the extension would not prejudice the other parent, as relevant evidence was available, nor would it prejudice the general public. The tribunal also identified merit in reviewing the substantive application, noting discrepancies between Mr Deyes's assessed income and his actual income for the relevant period, supported by documentary evidence.

Consequently, the tribunal set aside the decision under review and, in substitution, granted Mr Deyes's request for an extension of time to lodge his objection to the decision made on 2 March 2022.