Ferneyhough and Child Support Registrar (Child support)

[2022] AATA 5042

Ferneyhough and Child Support Registrar (Child support) [2022] AATA 5042 (20 December 2022)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2022/MC024610

APPLICANT:  Mr Ferneyhough

OTHER PARTIES:  Child Support Registrar

TRIBUNAL:Member R Anderson

DECISION DATE:  20 December 2022

CATCHWORDS

CHILD SUPPORT – dismissal of application – refusal to grant an extension of time to object - no reasonable prospect of success

DISMISSAL OF APPLICATION:

1. The Tribunal is satisfied that the application has no reasonable prospect of success and dismisses the application pursuant to subsection 42B(1) of the Administrative Appeals Tribunal Act 1975 (AAT Act).

2. The reasons for this decision are set out in the following paragraphs.

3. On 19 March 2022, Services Australia – Child Support (the Agency) decided to use an adjusted taxable income in the administrative assessment in respect of Mr Ferneyhough equivalent to two thirds of the Male Times Average Weekly Earnings (MTAWE), in the amount of $54,125, for the child support period commencing 1 May 2022.  This was because Mr Ferneyhough had not lodged a tax return for more than two years.

4. Following a discussion with Mr Ferneyhough on 14 July 2022, the adjusted taxable income in respect of Mr Ferneyhough  was reduced to $24,000 from 14 July 2022.  On 3 August 2022, Mr Ferneyhough lodged a change of assessment application with the Agency.

5. On 9 August 2022, Mr Ferneyhough lodged an application for an extension of time to object to the decision of 19 March 2022.  On 19 August 2022, an objections officer refused his request for an extension of time.

6. Consequently, on 7 September 2022 Mr Ferneyhough lodged an application to this tribunal for an independent review of the decision to refuse his extension of time application.

7. In the meantime, Mr Ferneyhough’s change of assessment application was finalised by the Agency on 18 October 2022.  The decision varied the annual rate of child support payable by Mr Ferneyhough in respect of the period 8 May 2022 to 13 July 2022 to the minimum annual rate.  That is, $459 per annum.

8. The change of assessment process has addressed the issue that Mr Ferneyhough was wanting to object to in relation to the decision of 19 March 2022.  Mr Ferneyhough requested backdating of the change of assessment decision by 18 months. The change of assessment decisionmaker decided that it was appropriate not to backdate beyond 8 May 2022.

9. This means that Mr Ferneyhough’s objection to the decision of 19 March 2022 is irrelevant, as the issue has already been considered and dealt with in the change of assessment decision of 18 October 2022.  If he is not satisfied with the change of assessment decision, it is open to Mr Ferneyhough to object to it at the Agency level, albeit as it is already more than 28 days since he was notified of the decision, he would be required to submit a request for an extension of time to object.

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been removed from this decision and replaced with generic information so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988.