RHKF and Child Support Registrar (Child support second review)

This matter concerned a second review before the Administrative Appeals Tribunal (AAT) concerning child support assessments. The parties were the Mother (Applicant) and the Father, with the Child Support Registrar represented by Ms Smith. The dispute centred on the correct care percentages of the children between 11 March 2020 and 25 May 2020, and the date from which any revised care decision should take effect. The AAT was required to determine whether special circumstances prevented the Mother from lodging her objection to an initial care decision within the prescribed timeframe, and subsequently, whether special circumstances prevented her from applying for a review of that objection decision within the required period.

The Tribunal's reasoning focused on the concept of "special circumstances" as outlined in the Child Support Registrar's Guide, which permits extensions to objection and review periods when an applicant's circumstances have prevented timely lodgement. The Mother provided oral evidence, corroborated by external evidence, detailing significant personal health issues, including hospitalisation for appendicitis and ongoing chronic pain conditions, as well as the demands of caring for her elderly father. The Tribunal considered the Mother's reliance on advice from a Child Support officer that she had until 30 June 2020 to lodge her objection, despite the standard 28-day timeframe, finding this constituted reliance on inaccurate information and thus special circumstances. Similarly, regarding the application for review, the Tribunal found that the Mother's medical conditions and her understanding, based on advice received, that there was no time limit for lodging a written application, constituted special circumstances that prevented her from applying within the 28-day period.

Ultimately, the Tribunal found that the care arrangements had not changed from the pre-existing 50/50 split, despite the Father's notification to the Registrar of a 100% care arrangement for himself. The Tribunal determined that special circumstances applied to both the objection to the initial care decision and the subsequent application for review, effectively extending the relevant timeframes. Consequently, the Tribunal varied the decision, finding that the care percentages should have remained 50/50 between the parents throughout the period in question, and that the revised care decision should have an effective date of 12 April 2021.