Conducting a social work child support exemption due to fear of family and domestic violence or other circumstances 003-12050010

For a child support exemption assessment:

• Interview the customer and/or assess the evidence provided by them.
  Note: a social work interview is not mandatory for certain types of exemptions (for example, IVF and PNK).
• See Maintenance Action Test (MAT) codes for exempt codes assessed by a social worker.

Social worker is unable to contact the customer to assess their exemption request:

• See Table 1 > Step 10 Social Worker Contact in Exemptions from seeking child support for FTB customers. Procedure ends here.

Does the customer understand the benefits of collecting child support and their collection options?

• Yes, go to Step 3
• No, discuss with the customer:
• child support is for the financial benefit of the child/ren and the parent caring for the child
• child support improves the financial resources for children not living with both parents and can be received until they turn 18 years old
• children are entitled to receive support from both parents
• child support does not have to involve contact between the parents
  - Child Support can act as a mediator and collect on behalf of a parent
  - receiving child support is not linked with access issues and does not require personal contact between the parents
• the benefits of requesting Child Support Collection, including the opportunity to use the disbursement method if regular Child Support is not being received
• a partial exemption may be granted in private collect cases where a customer is unable to collect their full entitlement, but it is not appropriate for them to transfer collection method to child support

Does the customer want to apply for an exemption?

• Yes, go to Step 3
• No, DOC the record with the outcome of the conversation with the customer and/or Child Support. Procedure ends here

If conducting an interview as part of the assessment, discuss with the customer:

• the assessment process, privacy provisions and Freedom of Information (FOI) procedures
• the requirement to nominate an independent third party to verify their circumstances, where possible
• the requirement to provide requested information such as written verification or a child's birth certificate if needed
• the reasons why the customer is unable to collect child support
• if the customer has a Child Support collect case and is not receiving their full entitlement, discuss whether having their Family Tax Benefit (FTB) assessed using the disbursement method may be appropriate
• if the exemption is granted and their circumstances change, they should contact Services Australia to discuss what child support action is required
• whether a partial or full exemption is more appropriate for their circumstances
• their review and appeal rights

In cases where a full exemption is being considered and the customer has an active child support case or a current application for child support, ensure the customer understands that:

• the exemption can only take effect once their child support case has ended. They must speak with a Child Support Service Officer to confirm the customer’s wish to end an active case
• the customer may elect to discharge arrears
• if the customer does not wish to discharge arrears, make sure the ongoing risk of arrears collection is fully considered

Following the interview with the customer, or receipt of a request for an exemption, register the exemption claim.

Explore with the customer ways of verifying the grounds for an exemption such as advice/verification from:

• health professionals
• community agencies
• legal practitioners
• police
• relatives, or
• friends

Explain to the third party that:

• the customer has given permission for the contact, and
• no guarantees can be given that the information they provide would not be released to the customer

Record details of the contact with each independent third party.

Document information provided by the third party in the delegated decision report. Particularly sensitive information may be documented in SWIS case notes.

If the customer cannot nominate an independent third party and the social worker considers there is enough evidence, the exemption may be granted after consultation with a Social Work Support Manager.

If the social worker is:

• unable to make an immediate determination due to insufficient information/evidence, go to Step 5
• able to finalise the exemption go to Step 6

• Tell the customer the claim is pending further information
• Record the undetermined assessment in a DOC using the Social Work Assessment in Progress Fast Note template. Select Auto text. Use Social Worker > Claims. Include:
• reason for pending decision
• what further details are required
• the advice given to the customer about what is required to finalise the claim and the date this is to be provided. After this time, the social worker will need to formally reject the claim and tell the customer of their review and appeal rights. If rejecting the claim, go to Step 7

Note: rejected claims require a SWIS report to be completed. See Recording Child Support Scheme (CSS) exemption referrals - social work.

To finalise the exemption, go to Step 6.

Using the information provided in the assessment process:

• decide if the customer's circumstances meet the eligibility criteria for a child support exemption
• decide the exemption category
• decide if a review is appropriate for VIO exemptions, based on the circumstances of the case. If a review is appropriate, include the review date in the exemption Fast Note, so the Service Officer coding the exemption also codes the Review Registration (RVR) screen. A national layer Workload Manager (WLM) work item will be created when the review is due for action. Record the reasons for the review in the SWIS report
• Consider backdating provisions for FTB:
• grounds for backdating an exemption are established through an assessment on whether the circumstances existed before the date of claim for the entire backdated period
• when backdating an exemption before 1 July of the previous financial year, special circumstances for backdating a maintenance action exemption must exist

Backdating an exemption for a customer who was not meeting the MAT may result in an arrears payment. If arrears are to be generated and the customer has an existing debt, consider whether a temporary exclusion from debt recovery is required where exceptional or unforeseen circumstances exist. See:

• Debt Offsetting during Family Assistance reassessment, reconciliation and claim processing
• Temporary write off of Centrelink debts

Make sure the child support exemption assessment supports an intervention in line with the Social Work Practice Standards focus areas of:

• safety and wellbeing
• financial support
• education and employment
• strengthening communities:

Is the exception being granted?

• Yes, the exemption, go to Step 8
• No, the exemption, go to Step 7

If the exemption is denied:

• complete the report and include relevant details in the Fast Note. See Request a Service Officer to code the appropriate MAT reason on the MNGS screen. The appropriate MAT code is MXD
• tell the customer of the decision and of their obligation to take action to obtain child support within 14 days
• tell the customer of their review and appeal rights

Once the coding is complete

The social worker should send the customer a Q888 using the approved text. See Exemptions from seeking child support for FTB customers for approved letter text.

Procedure ends here.

Complete the SWIS report. Include the:

• date from which the exemption is to apply
• type of exemption
• child/ren for which the exemption applies
• duration of the MAT exemption review, if required

If granting a full exemption and the customer:

• has an active child support case or pending child support application, go to Step 9
• does not have an active child support case or pending application, go to Step 11

If granting a partial exemption, go to Step 10

Customer has an active Child Support case:

Tell the customer:

• their active Child Support case will need to be ended
• the exemption is of no benefit if the customer does not end their child support case
• they must speak with Child Support to end the case

Customer has a pending Child Support application

Tell the customer:

• they must speak with Child Support to have the application withdrawn
• if they cannot speak to the customer to confirm the withdrawal, Child Support will continue to process the application, including contacting the other parent

To see if a customer has a pending Child Support application, check:

• the MNMA screen in Customer First for the MAT code APP (Applied for CSA assessment) or
• for the following Fast Note in the customers’ record: Families > Updates > Child Support Agency Update > Child Support app received

Shared care and divided care:

If there is evidence of family and domestic violence, and the care of the children is shared or divided between the parties to a child support case, a parent can elect to end the child support assessment for:

• any child for whom they are assessed to receive child support from the other parent
• •any child for whom they have more than 65% care (even if their child support entitlement is $0)
• all the children of the case if the:
• assessed annual rate of child support for both parties is $0, and
• parent has an exemption due to family and domestic violence

Where the annual rate of child support payable is greater than $0 for either party, the carer entitled to receive child support (receiving parent) can only end the child support assessment for the children in their care. This could result in the receiving parent becoming the paying parent for the children in the other parents’ care. A partial exemption may be considered, but only if the child support case is private collect, if ending the case may result in:

• further family and domestic violence
• the receiving parent becoming the paying parent

Note: if the individual is the net payer, a requirement for them to take reasonable maintenance action for the children of the relationship in their care generally does not apply. They are regarded as having taken reasonable action.

This includes cases where an exemption has been granted for the payee. If the payer’s care of the FTB child or their ATI increases and they subsequently become a potential payee, the requirement to take maintenance action may then apply. The Level 2 Policy Helpdesk can help if policy advice is needed. See the Resources page for a link.

If the customer has arrears and is under Child Support collection, ask if they want their arrears recovered or discharged. Explore the risks relating to either option. For example, Child Support will continue to send letters to the respondent parent, and the likelihood of Child Support being able to recover the arrears through enforcement (eg: intercepting tax returns).

Note:

• The end date of an active Child Support case must be after the date a customer asks to end the case with a Child Support Service Officer. Customers cannot request backdating of the child support 'case end' to align with the Family Tax Benefit exemption start date.
• This can have flow on effects for the customer. If the child support case is:
• Private collect - their child support case will continue to be assessed under the MIT and have an impact on their rate of FTB.
• Child Support collect - Child Support will continue to attempt to collect child support on the customer's behalf (including any arrears that have accrued). Any amount collected will be assessed under the MIT and have an impact on their rate of FTB.

To end the active child support case or application:

• warm transfer them to Child Support via the Parent Support Team.
• if a warm transfer is not possible, email the Parent Support Team using the ‘Maintenance Exemption Notification to Child Support Program’ template. See the Resources page for the template. Make sure all contact details for the customer are current in Customer First.

Go to Step 11

Partial exemptions are assessed by social workers and can only be granted for:

• private collect customers who are not receiving their full child support assessment. This can be either ongoing or for a past period due to a retrospective increase in their child support assessment
• customers that:
• do not have a child support case in place, but the other party is voluntarily paying child support to the customer (cash or non-cash) and there is:
  - a fear of violence or other harm
  - cultural considerations to take into account, or
  - other exceptional circumstances that make it unreasonable for the individual to formally take maintenance action

If the customer has an active child support case (private collect) and is being granted a partial exemption, tell them:

• the child support case will remain current (Child Support are not told about partial exemptions)
• Child Support will continue to tell both parties of their full child support liability by issuing assessment notice letters to contact Centrelink if the amount privately collected changes

Record the amount of child support the customer is/will be privately collecting in the Fast Note so that the Service Officer can update the customer record. If an amount is not recorded, the full child support entitlement will continue to be used in the MIT. This means the exemption will not benefit the customer.

Remind the customer to contact Centrelink if the amount privately collected changes.

See Exemptions from seeking child support for Family Tax Benefit (FTB) customers

Go to Step 12.

Request a Service Officer to code the exemption

Once coding is completed, send Q052 to the customer advising the exemption has been granted.

Request a Service Officer to code the exemption and maintenance income.

Once the coding is completed send the customer a Q888 using the approved text. See Exemptions from seeking child support for FTB customers for approved letter text.

Procedure ends here

Social workers may request immediate coding where all of the following apply:

• the customer is experiencing vulnerability
• the customer has complex needs
• failure by Services Australia to respond quickly and effectively will present a significant risk to the customer or the agency

If the exemption needs to be coded:

• immediately, go to Step 2
• non-urgently, go to Step 3

• Select Fast Note - select Auto text, use Social Worker > Update > Maintenance Exemption to request an update to the MAT code for the relevant child/ren
• Select Yes to complete the DOC in Document Completion. This will stop the Fast Note being allocated to a Service Officer
• Complete the Direct Referral to SSO online form as per Tier 0 technical support – self sufficiency, Step 5

• Create a Fast Note - select Auto text, use Social Worker > Update > Maintenance Exemption to request an update to the MAT code for the relevant child/ren

When the review becomes due for action, conduct a file review of the customer record.

Is the customer now taking child support action?

• Yes, DOC the record that the maintenance exemption review is no longer applicable as the customer is taking maintenance action. Close the WLM referral. No further action is needed
• No, proceed with the review:
• Contact the customer to assess if an exemption is still needed
• Make sure the customer understands the benefits of child support collection
• Consider a partial exemption. This may be an alternative option where the customer can apply for a Child Support assessment, but cannot collect all their possible entitlement

Does the exemption need to continue?

• Yes, go to Step 2
• No, go to Step 3

If the social worker determines the exemption is to continue:

• without the need to schedule a future manual review date, no further action is required, or
• subject to a further review, run the Fast Note - select Auto text, use Social Worker > Update > Maintenance Exemption to advise of continuation of the exemption for the relevant child/ren and include the new review date to be coded by a Service Officer on the Review Registration (RVR) screen

Procedure ends here.

If the social worker determines the violence exemption should no longer apply, they must:

• tell the customer of the decision and their obligation to take action to obtain child support within 14 days
• tell the customer of their review and appeal rights
• complete the report in SWIS and make sure relevant details are in a DOC

Request a Service Officer to code the exemption.

When the coding is completed

Send a free text (Q888) letter to the customer to confirm the decision and the need to take action to obtain child support. See Exemptions from seeking child support for FTB customers for approved letter text.

Note: always notify the customer in writing of the decision to deny the exemption.