Metcalfe and Child Support Registrar (Child support)

[2018] AATA 945

Metcalfe and Child Support Registrar (Child support) [2018] AATA 945 (1 March 2018)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2018/AC013379

APPLICANT:  Ms Metcalfe

OTHER PARTIES:  Child Support Registrar

TRIBUNAL:Deputy President J Walsh

DECISION DATE:  1 March 2018

CATCHWORDS

Child support – Particulars of the administrative assessment – Whether multi-case allowance was correctly applied - No reasonable prospect of success – Application for review dismissed under paragraph 42B(1)(b)

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.

DISMISSAL OF APPLICATION FOR REVIEW:

1. Ms Metcalfe seeks review of a decision to refuse to grant her an extension of time within which to object to a decision in April 2014 to apply a multi-case allowance in respect of [Mr A’s] child support liability for [Child 1].

2. I convened a directions hearing today. Ms Metcalfe contends the other child support case which gives rise to the multi-case allowance is not a legitimate child support case. She provided affidavit evidence in late 2017 to the CSA which showed [Mr A] and his partner/ex-partner have been together for six years or more.

3. As I explained to Ms Metcalfe, the difficulty here is that the AAT cannot consider the legitimacy of the other child support case. The law gives Ms Metcalfe no rights of review in that respect. The sole issue for the Tribunal relates to the fact of the other child support case, and not its legitimacy. Of course, this does not assist Ms Metcalfe in this context. 

4. It follows that Ms Metcalfe’s case, whilst entirely understandable, cannot succeed on the law. It is therefore appropriate to dismiss her application under subsection 42B(1) of the Administrative Appeals Tribunal Act 1975 on the basis of no reasonable prospect of success. I determine accordingly.