Wreyford and Squair (Child support)

This matter concerned an appeal by Mr Wreyford to the Child Support Review Tribunal regarding a decision made by Child Support concerning the percentage of care for a child. The core of the dispute revolved around the date from which a revised percentage of care determination should take effect.

The legal issues before the Tribunal were whether Mr Wreyford had lodged his application for review within the prescribed time limit, and if not, whether there were special circumstances that would permit the Tribunal to allow a longer period for the lodgement of the application. The Tribunal was also required to determine the effective date of any revised percentage of care determination.

The Tribunal found that Mr Wreyford had lodged his objection to the initial care percentage decision within the time limit. However, his subsequent application for review by the Tribunal was lodged more than 28 days after being notified of the objections officer's decision. Section 95N of the relevant Act stipulated that if an application for review is out of time, any favourable decision can only take effect from the date the application was lodged, unless special circumstances exist. Mr Wreyford stated his delay was due to not knowing a review was an option. The Tribunal found no special circumstances prevented him from lodging his application within the statutory timeframe.

Consequently, the Tribunal ordered that the decision of Child Support be set aside and substituted. The revised percentage of care determination would take effect from 25 March 2024, being the date Mr Wreyford lodged his application for review with the Tribunal.