VXQB and Child Support Registrar (Child support second review)

This matter concerned a second review by the Administrative Appeals Tribunal (AAT) of a child support percentage of care decision. The dispute centred on the level of care provided by the Mother to her child during a specific period when the child was living with her maternal grandparents. The AAT Tier 1 decision, which had affirmed an earlier decision, was under review.

The primary legal issue before the Tribunal was to determine the correct percentage of care attributable to the Mother during the period in question, applying the principles outlined in the Child Support Guide and relevant case law, specifically *Polec*. This involved interpreting the nature of the care provided by the grandparents, distinguishing between mere supervision and actual care, and considering who held responsibility for the child's welfare and financial costs.

The Tribunal reasoned that while the child's grandparents provided accommodation, food, supervision, and transport, this did not equate to them having the primary care of the child. Applying the principles from the Child Support Guide, the Tribunal found that the Mother retained sole parental responsibility and made all significant decisions regarding the child's welfare, including schooling, healthcare, and extracurricular activities. The Mother also demonstrably met all financial costs associated with the child's upbringing, including reimbursing her parents for expenses incurred. Consequently, the Tribunal concluded that the child's living arrangement with her grandparents was analogous to a boarding school situation, where the parent retains primary care despite the child residing elsewhere. The Tribunal affirmed the AAT Tier 1 decision.