YPRS and Child Support Registrar (Child support second review)

This matter concerned a review of a child support assessment by the Administrative Appeals Tribunal (AAT). The parties involved were YPRS and the Child Support Registrar, with the dispute revolving around the percentage of care attributed to each parent for their child, C. The core of the disagreement stemmed from C's temporary residence overseas with relatives.

The legal issues before the Tribunal were whether the existing child support determination should be revoked due to a change in the pattern of care, and if so, what the new percentages of care should be and from what date. Crucially, the Tribunal had to consider whether "special circumstances" existed that would justify backdating the revised care percentages, particularly in relation to the timing of an application for review.

The Tribunal found that the child, C, had travelled to Africa on 9 December 2021 and remained there until 7 April 2022, initially with an aunt and then residing with the child's uncle, B. During this period, the applicant, YPRS, provided significant financial support to B and arranged for his mother to travel to Africa to spend time with C, indicating substantial involvement. The other parent, KMSG, was unable to accompany C due to work commitments but had given full authority to B to care for C. The Tribunal was satisfied that a change in the pattern of care had occurred on 9 December 2021, and that special circumstances justified backdating the review to this date.

Accordingly, the Tribunal set aside the existing decision and substituted a new determination. It found that a change of care occurred on 9 December 2021, with the relevant care period being from 9 December 2021 to 15 March 2022. During this period, the percentage of care attributed to YPRS was determined to be 50%, and to KMSG, 50%. The date of effect for this revised determination was set as 9 December 2021, acknowledging the presence of special circumstances.