LZPS and Child Support Registrar (Child support second review)

This matter concerned a second review before the Administrative Appeals Tribunal (AAT) of a decision by the Social Services and Child Support Division of the Tribunal to refuse an extension of time. The applicant, LZPS, sought to challenge original decisions made by the Child Support Registrar concerning his adjusted taxable income for several financial years, which formed the basis for child support assessments. The Registrar had made initial decisions based on available information, and subsequent decisions were made to apply updated income figures from the date of notification, as permitted by the *Child Support (Assessment) Act 1989*. LZPS later provided updated income information, leading to further Registrar decisions.

The primary legal issue before the AAT was whether it was reasonable in all the circumstances to grant LZPS an extension of time to make an application to the Tribunal, notwithstanding that decisions not to extend time at first review are generally not subject to second review. The Tribunal was required to consider the relevant factors in determining whether to exercise its discretion to extend time, and whether the applicant had demonstrated a sufficient reason for the delay in seeking review of the Registrar's decisions.

The Tribunal reasoned that decisions made by a Member of the Tribunal at first review not to extend time are procedural and discretionary, and therefore not typically reviewable under s 43(1) of the *Administrative Appeals Tribunal Act 1975*. However, the Tribunal accepted that it had jurisdiction to consider the applicant's request. The Tribunal found that LZPS had been properly notified of the Registrar's decisions and his right to seek review, and that he had chosen not to act on these notifications. The Tribunal considered LZPS's assertion that he had lost the relevant letters and that they were not ready until sent by post, but found this implausible given his own correspondence acknowledging receipt of the letters. The Tribunal concluded that LZPS had rested on his rights and that the Child Support Agency was entitled to believe the decisions should stand in the absence of any indication of an intention to challenge them.

The Tribunal affirmed the decision of the First Review Member not to extend time.