Hodnett and Hodnett (Child support)

[2022] AATA 956

Hodnett and Hodnett (Child support) [2022] AATA 956 (25 February 2022)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2021/BC022834

APPLICANT:  Mr Hodnett

OTHER PARTIES:  Child Support Registrar

Ms Hodnett

TRIBUNAL:Member P Jensen

DECISION DATE:  25 February 2022

DECISION:

The decision under review is affirmed.

CATCHWORDS

CHILD SUPPORT – particulars of the administrative assessment – late application to extend the child support assessment beyond the child’s eighteenth birthday – no exceptional circumstances – application was correctly refused – decision under review affirmed

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 so as not to identify involved individuals as required by subsections 16(2AB)-16(2AC) of the Child Support (Registration and Collection) Act 1988.

REASONS FOR DECISION

1. Mr Hodnett and Ms Hodnett are the parents of [Child 1]. A child support case was registered in 2013 with the Child Support Agency (“the CSA”). On 30 July 2021 the CSA sent a letter to Mr Hodnett which relevantly stated, with emphasis in the original:

   Our records show [Child 1] will turn 18 years of age on [a day in] October 2021. Generally, child support ends when a child turns 18. However, if [Child 1] will still be in full-time secondary education on or after their 18th birthday, you can apply to extend their child support to the end of the school year.

   What can you do

   If you would like to extend child support for [Child 1], you must apply before [that day in] October 2021.

   You can apply by going to servicesaustralia.gov.au/forms to download the Child over 18 years of age in full-time secondary education (SC2716) form.

   …

   Late applications may only be accepted in exceptional circumstances.

2. On Friday, 8 October 2021, Mr Hodnett contacted the CSA and it noted:

   [Mr Hodnett] called in to confirm we received this A18 application. He said he posted it a few weeks ago. I explained that we hadn’t received it yet. …

3. On Monday, 11 October 2021, the CSA received Mr Hodnett’s application to extend the child support case. His application was dated 23 September 2021.

4. Section 151C of the Child Support (Assessment) Act 1989 relevantly states that an application to extend the child support case must be accepted if, and only if, certain requirements are satisfied, including:

   either:

   (i)the application is made before the child’s 18th birthday; or

   (ii)there are, in the Registrar’s opinion, exceptional circumstances justifying the making of the application after the child’s 18th birthday.

5. The CSA decided to refuse Mr Hodnett’s application. He promptly objected to that decision. An objections officer disallowed his objection. He promptly applied to the Tribunal for further review. I heard the matter on 25 February 2022. Mr Hodnett gave sworn evidence by conference phone. Ms Hodnett elected to provide written submissions but not participate in the hearing.

6. The issue in this case is whether there were exceptional circumstances justifying Mr Hodnett’s making of his application after [Child 1’s] 18th birthday. In considering that issue, the following statement by Pagone J in BYI16 v Registrar Child Support [2017] FCA 139 at paragraph 18 is relevant:

   It may be accepted …. that exceptional circumstances are not to be found in “the consequences to the individual of making a late application”. It may also be accepted that exceptional circumstances are not established by an applicant’s ignorance of the provisions and that the Department is not obliged to notify an applicant of the options available under the relevant provisions.

7. At the hearing, Mr Hodnett acknowledged receiving the CSA letter dated 30 July 2021. The application which he subsequently completed — the form SC2716 — informed him that he could lodge it by uploading it via his online account, faxing it to a stated fax number or posting it to a stated postal address. He posted it to the CSA.

8. On 21 October 2021, Mr Hodnett stated:

   I object to the decision because the application was completed 2 weeks before the due date and posted on September 23rd. I believe it is grossly unfair to be punished because of the exceptional circumstances of covid and the obvious delays this is causing to Australia Post. I also tried to complete the form online but had issues with a password request which I have since spoken to staff about and remains unresolved.

9. Mr Hodnett could have lodged his application prior to 30 July 2021. He was informed of the option of lodging such an application via the CSA’s letter dated 30 July 2021. He did not post the application until 23 September 2021. At that time, Australia Post was experiencing delays due to COVID‑19. He elected to send the application by Standard Post rather than, say, Express Post. He phoned the CSA after [Child 1] had turned 18 to ascertain whether the CSA had received his application. During the hearing he acknowledged that he could have phoned the CSA before [Child 1] had turned 18, and if he had done so, he could have taken steps to ensure that the CSA received an application before she turned 18. For example, he could have faxed an application to the CSA. I note that an application to extend a child support case can also be lodged over the phone, and if he had phoned the CSA prior to [Child 1] turning 18, it might have informed him of that option: see 2.5.5 of the Child Support Guide and the information on Services Australia’s website concerning such applications.[1]

   [1]>

   It is unfortunate that the CSA did not receive Mr Hodnett’s application prior to [Child 1] turning 18, but that is not the legislative test. The circumstances as a whole do not constitute exceptional circumstances, and consequently Mr Hodnett’s application cannot be accepted.

DECISION

The decision under review is affirmed.