Webster and Webster (Child support)

This matter concerned an objection by Mr Webster to a care percentage decision made by Child Support on 6 December 2023. Mr Webster received online notice of this decision on the same day, and an updated assessment reflecting the change in care arrangements was sent to him on 11 December 2023. Mr Webster subsequently lodged his objection on 28 March 2024, which was 113 days after he was notified of the decision. The case was heard by Member M Martellotta.

The primary legal issue before the Tribunal was whether Mr Webster's objection was lodged within the prescribed time limit. Specifically, the Tribunal had to determine the date of effect of any review decision allowing the objection, given that it was lodged outside the standard 28-day period. The Tribunal also considered, but did not determine, whether special circumstances existed that would warrant an extension of time under subsection 87AA(2) of the Child Support (Registration and Collection) Act 1988.

The Tribunal applied subsection 87AA(1) of the Child Support (Registration and Collection) Act 1988, which stipulates that if an objection to a care percentage decision is lodged more than 28 days after notice of the decision was served, the date of effect of a review decision allowing the objection is the date the objection was lodged. As Mr Webster was served notice on 6 December 2023 and lodged his objection on 28 March 2024, the Tribunal found that the objection was lodged outside the 28-day period. The Tribunal noted that the discretion under subsection 87AA(2) to extend this period due to special circumstances was not an issue before it in the current objection decision.

The Tribunal concluded that the existing care determination could not be revoked based on the objection lodged outside the prescribed time. The decision under review was set aside and substituted, with the effect that the date of effect of any review decision allowing the objection would be 28 March 2024. The Tribunal made no determination under subsection 87AA(2).