Whitworth and Doran (Child support)

[2023] AATA 3302

Whitworth and Doran (Child support) [2023] AATA 3302 (4 September 2023)

DIVISION:Social Services & Child Support Division

REVIEW NUMBER:  2023/MC026203

APPLICANT:  Ms Whitworth

OTHER PARTIES:  Child Support Registrar

Mr Doran

TRIBUNAL:Senior Member Dordevic

DECISION DATE:  4 September 2023

CATCHWORDS

CHILD SUPPORT – whether application has no reasonable chance of success – application dismissed

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted 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 Whitworth lodged an application for merits review with this Tribunal on 4 June 2023 regarding an objection decision made by Services Australia – Child Support that disallowed her objection to update the particulars of assessment for Mr Doran, whereby his relevant dependent allowance was replaced with a multi-case allowance for the period 3 November 2022 to 12 February 2023.

2. An early case appraisal conference took place. The Tribunal contacted Mr Doran on 12 July 2023 and Ms Whitworth on 20 July 2023 to discuss the merits of the case.

3. On 1 August 2023 the Tribunal emailed Ms Whitworth as her nominated email address and advised the following:

   Child Support has provided some further information to me about the history of the child support assessments in your case.

   That information indicates that a relevant dependant allowance was included for Mr Doran from 7/11/19 until 17/11/19. A multi-case allowance was then applied for Mr Doran from 18/11/19. The multi-case allowance was included in all of the assessments issued for periods up to 31/10/23. The most recent of those assessments was issued on 16/9/22.

   It seems that in implementing the change of assessment decision made on 10/11/22, Child Support reverted to using a relevant dependent allowance for Mr Doran from 3/11/22 rather than a multi-case allowance. It is not clear why that happened as the change of assessment decision did not make that change. It may have been an error made by Child Support.

   It seems that possible error was corrected in the assessments issued on 11/4/23 which reverted to including a multi-case allowance for Mr Doran from 3/11/22.

   As discussed previously, in reviewing that decision the tribunal would have to determine whether it was correct to include a muti-case allowance in the assessment for Mr Doran from 3/11/22. That would be based on whether Mr Doran’s has in fact been assessed in relation to more than one child support case during that period. The tribunal would not be able to consider whether Mr Doran should have had another child support case.  

   Please confirm by email response whether you wish to proceed with your tribunal application.

4. On 1 August 2023 Ms Whitworth wrote to the Tribunal and advised that she wished to proceed with her application.

5. On 4 August 2023 the Tribunal wrote to Ms Whitworth via her nominated email address, advising the following: 

   As discussed at your Early Case Assessment Conference, the Tribunal is considering whether to dismiss your application under section 42B(1)(a) of the Administrative Appeals Tribunal Act 1975 on the basis that the application has no reasonable prospect of success.

   You have 21 days from the date of this letter to give us any evidence or written submission that you wish to have considered before that decision is considered.

6. Ms Whitworth has not provided any further evidence or submissions by close of business on 1 September 2023.

7. The Tribunal notes that, as Child Support confirmed that the multi-case allowance applied to the administrative assessment for the period 3 November 2022 to 12 February 2023 to be accurate, Ms Whitworth cannot receive a more favourable decision.

8. The Tribunal is satisfied that the application for review has no reasonable prospect of success and dismisses the application for review pursuant to subsection 42B(1) of the Administrative Appeals Tribunal Act 1975 (AAT Act).