Notification of change in child support care levels 277-03040010
This document outlines the process when a customer or Centrelink notify Child Support of a change in care for a child on an assessment.
Care changes notified up to 30 June 2018 (14 May 2019 for WA ex-nuptial child support cases) must be managed under the legislation in place before the amendments effective 1 July 2018 and 15 May 2019, respectively.
On this page:
Determine change in care details
Adding or correcting a care record
Notification
Table 1: this table has information to help gather and check information for a notification of a change in care.
Step |
Action |
1 |
Notification of a care change + Read more ... Customers, their representatives or third parties can notify Child Support of a potential change in the care percentage:
Customers experiencing vulnerability Changes in care arrangements can be a very emotional life event, especially if there is a disagreement about care, or it is not occurring in line with a written care arrangement. Be considerate and sensitive to the customer’s experience when discussing and explaining care changes. Anyone can be at risk of vulnerability. It is not linked to a specific customer group or characteristic. Everyone experiences vulnerability differently. People experiencing vulnerability may require additional support or assistance to access payments and services. Extra contact with the notifying customer may be needed in the following situations:
See the Resources page in Social worker and other service referrals for Child Support customers to help these customers. Has the notification of a care change been received via an online channel?
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2 |
Online notification + Read more ... When lodged online:
When allocated a 'CS ONLINE PENDING CARE' INTRAY, staff must:
Are there sensitive issues?
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3 |
Initial checks + Read more ... When a customer notifies of a change in care, conduct initial checks before adding or correcting a care record. Customers receive letters and have the right to object each time they notify of a change in care and a decision is made to:
Adding or correcting a care record for a care event where a decision has already been made can result in duplicated or incorrect care decisions and additional objections. Before proceeding with a notification of a change in care check for the following circumstance: Change in care loaded in error + Read more ... Check for any duplicated or incorrectly loaded care changes before beginning a new notification of a care change. If a care change is loaded in error or the customer incorrectly advises that a change has occurred (e.g., customer incorrectly pended care via CSAonline or the change is for a future date), the incorrectly pended care record must be deleted after applying the correct care record. This is to make sure the care data transfers to Centrelink correctly. After applying the correct care record, see Care Cuba Process Help to delete any incorrect care records and document the reason for deleting the record. Change in care is incorrectly loaded as a new change in care instead of an objection + Read more ... Customers may lodge several notifications of a change in care via CSAonline or other channels, but it is for the same care event where a decision has already been made and recorded. In some cases, contact with the notifying parent may be needed to clarify whether the notification of care is for a new care event, or if a care decision has been made for same change in care event being notified. The exception to this is if the notifying customer is asking Child Support to determine the care percentage for a prior care decision to be based on the actual pattern of care and:
In these cases, it may be appropriate to apply a Below regular care determination. If it is identified that the notification is not for a new care event, a below regular care determination is not appropriate and the customer disagrees with the decision that has been made, this is an objection, not a new care event or disagreed care.
To make sure care data transfers to Centrelink correctly, accept the care record to be applied before deleting any pended care records. After accepting the care, delete the incorrectly pended care record, see Care Cuba Process Help. Document the reason for deleting the record. Customer indicates they no longer wish to pursue a change in care + Read more ... A customer cannot elect to withdraw their notification of a change in care as it is a notification, not an application. A decision must still be made if a customer says they no longer want to pursue a change in care. If the notifying customer withdraws their participation in the process, make a decision based on the information available. If there is insufficient evidence to make a decision, reject the change. Go to Step 4. Child not already reflected on the assessment (including any active reverse Cuba case) + Read more ... Change in care that needs to be updated on their notional assessment + Read more ... Change in care due to the customers reconciling + Read more ... Customer receiving Centrelink payments + Read more ... If a customer is in receipt of Centrelink payments or benefits, advise them they should check to make sure their relationship and income details are correct with Centrelink. This will reduce the risk of incorrect Centrelink payments when the care decision is transferred. Update any details, e.g., income in Cuba before finalising the care decision. |
4 |
Customer has notified Centrelink of the details of changes in care + Read more ... Check Customer First to determine if either customer has notified Centrelink of the details of all changes in care for each child in their care. Has the customer contacted Centrelink to report the care change details?
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5 |
Multiple care change notifications or care notifications out of order + Read more ... If a person delays notifying Child Support or Centrelink of changes in care, they may report multiple changes at once.
See Table 2, Step 7 for details about when a new care percentage will be used in the assessment, including where a care event is notified out of order (e.g., a care determination for a later care event has already been accepted). A change in care notified more than 28 days after the event may result in the child support assessment for that child being suspended or terminated. Note: care decisions that may not affect child support assessments still need to be made and reflected. This is because they may impact the Centrelink assessment. The Resources page has examples of multiple care change notifications. |
6 |
Discuss and document change in care notification + Read more ... If the information provided by the customer reporting a care change over the phone, online or in writing is unclear or incomplete, discuss the notification with the notifying customer to gather extra information. Use the Change in care - notification macro to record verbal care change notifications. The macro helps to:
During discussions with each customer, explain the following:
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7 |
Clarify change in care details + Read more ... Use effective questioning techniques to investigate all notifications of a change in care by gathering relevant information from both customers, even if customers are reporting a reduced level of care for themselves. This includes the:
Note: if the notifying customer advises there is a written care arrangement, ask them to supply a copy of the current version of the arrangements if they are not documented. When gathering relevant information, quality care conversations with customers helps to get a timely accurate outcome for both customers. Use open ended questions to establish and clarify change in care details including date of event and pattern of care, such as
Confirm with the customer:
Discuss with the customer:
Do not pend a care change if a determination (original care decision, objection or appeal) has already been made for the care event being notified, unless a below regular care determination is appropriate. Provide customers with options to seek review of the decision(s). See CRG > Objections - general and care If a customer reports a change in care relating to a one-off event, what constitutes a change to the pattern of care will depend on the individual circumstances of the case. The References page has a link to the Child Support Guide 2.2.2: Care Determinations & Changes in Care - Change in pattern of care. If a care decision results in the receiving parent having a care percentage of less than 35% for a child, check if a child support agreement applies to the child. If an agreement applies, transfer the customer to the Agreements and Court Orders team to discuss the impact on their agreement, while retaining responsibility for the change of care decision. If care is being notified more than 26 weeks after the date the care changed, check if a care decision may result in a care terminating event. If so, contact both customers to ask if they wish to apply for a new child support assessment. See Table 2, Step 6 for information about how the date of notification and date of event affects assessments and terminating events. |
8 |
No change to the cost percentage + Read more ... Advise the customer that unless the reported care change results in a change in the cost percentage, there will be no effect on the assessment and a new care determination may not be required. This is because under Section 54H of the Child Support (Assessment) Act 1989 (see the References page for a link to legislation), a new determination is not required if there is no change to the assessment rate. When deciding whether to investigate a care decision that will not affect the cost percentage, consider whether:
If none of the above circumstances exist, do not investigate further. Make and document a refusal decision under s54H or s54HA and reject the pending care record in Cuba. The automatically generated rejection letters will issue to the customers to explain:
The References page contains a link to legislation. |
Determine change in care details
Table 2: this table has information to determine the correct details to use when recording or correcting a pending care decision
Step |
Action |
1 |
Determine likely date of event + Read more ... Use the information provided by the notifying customer to determine the likely date of event. The term 'likely' means information gathered from the initial customer only. When identifying the date of event, consider if the care that is actually occurring for the child has changed. The date of event to use in the decision is either:
Note: the date of event used to record the care change will be tentative until the other customer has been contacted. |
2 |
Determine and calculate care period + Read more ... Use the information provided by the notifying customer to determine the likely care period. A care period is generally the 12 month period starting from the date of event. In some circumstances, a shorter or longer care period may be appropriate, judge each case on its own merits. If determining a care period other than 12 months, seek technical support. See Technical support in Child Support. Care periods longer than 12 months A care period of more than 12 months may be appropriate, if the care arrangement follows a cycle over a period greater than 12 months, e.g., every 2 years. The Resources page has examples of care periods longer than 12 months. Care periods shorter than 12 months A care period of less than 12 months might be appropriate if the pattern of care will gradually change over definable periods in a specific and measurable way, e.g., one parent is to increase their care by one day per week every 3 months over the upcoming period. A shorter care period may also be appropriate if a carer has unexpectedly gained 100% care of a child for a temporary period (generally 4 weeks minimum). In these situations, the Registrar will determine the care over a short care period related to the unexpected circumstance and make a one-off block of 100% care determination. Note: if a period shorter than 12 months is appropriate, tell the customer Child Support will not give effect to the future events until they notify the change has occurred. If neither customer advises of the subsequent change, the existing percentage of care will continue. The Resources page has examples of care periods shorter than 12 months. Has the notifying person advised there is a written care arrangement (court order, parenting plan or written agreement)?
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3 |
Written arrangement + Read more ... A written care arrangement is a court order, parenting plan or written agreement that outlines a pattern of care for a child and may include a percentage of care. For more information, References has a link to the Child Support Guide 2.2.1 Basics of care: Agreements and orders regarding care. International customers International customers may submit a court order concerning care that was made outside Australia. Only treat and document the court order as a care arrangement if it is registered under section 70G of the Family Law Act 1975 (Cth). Interpretation and implementation guidance Interpretation of a written arrangement is not disagreed or disputed care. This is where customers agree care is happening in line with a written arrangement, but their calculations differ. Explain to the customers how care percentages are calculated. The written care arrangements are reviewed when determining the pattern of care that will be used to calculate the care percentages. If required, seek help from a Service Support Officer (SSO). Where the notifying person advises the care that is occurring is in line with a written agreement, review the details of the written care arrangements to determine the pattern of care that will be used in calculating the care percentage. If required, seek help from a Service Support Officer (SSO). Written care arrangement is being complied with Where the notifying person has advised the care that is occurring is in line with a written arrangement:
Written care arrangement is not being complied with If there is a written care arrangement which the notifying customer advises is no longer adhered to, contact with the other customer/s must occur before any referrals to Integrated Care to determine if the circumstances meet Disputed Care criteria.
Where the notifying customer is the person with the reduced care, ask if they are taking reasonable action to comply with the care arrangement. This information will help to determine whether a Disputed Care referral is appropriate after contacting the responding customer/s. Reasonable action for the person with reduced care could include:
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4 |
Determine pattern of care + Read more ... Use the information provided by the notifying customer to determine the pattern of care based on what they actually expect to occur during the care period. In most cases, care is:
If a pattern has been established in the past and the Service Officer is satisfied it will continue in the future, use that pattern to determine the likely percentage of care for the care period. If a customer wants to estimate future or possible care changes themselves, refer them to the Care Estimator available on servicesaustralia.gov.au. Questions to help determine the likely percentage of care include:
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5 |
Calculate the care percentage + Read more ... Use the care calculator to calculate the care percentage based on the pattern of care that is most likely to be occurring, even if the customers:
The care calculator is not required if the pattern of care being notified results in either:
If calculations are not required go to Step 6. If the pattern of care is in hours rather than nights, the decision is at the APS5 Delegation. Refer the submission for a decision of hours to be made to an SSO for consideration. For more information, References has a link to the Child Support Guide 2.2.1 Basics of care: Care other than in nights In the event the calculation is for care using the number of hours:
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6 |
Percentage of care (special rounding rules) + Read more ... Cuba automatically calculates the percentage of care used in the assessment when the number of nights care has been entered into the Care window. Service Officers may need to manually calculate the percentage of care, or explain how the figures were calculated, as percentages of care calculations have special rounding rules. Percentage of care = (number of nights / 365) x 100 To calculate a percentage of care the following special rounding rules must be applied to make sure the total equals 100%. If the percentage of care is:
If each customer has a care percentage of 50%, record the payee as having 50% care, see the Care Cuba Process Help. Do not use number of nights to record the care. Cuba automatically changes this to show the payee has 51% care and the other party has 49% care. The Care Reported as 50% checkbox will be automatically set by Cuba and a care percentage of 50% transferred to Centrelink. Note: covering letters to customers who share 50% split care will indicate both parties have 50% care of the child, however the assessment notice will show 51% or 49%. This has no impact on the assessed rate as the same cost percentage is used. The Resources page has examples of percentage of care special rounding rules. |
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Care date of effect rules + Read more ... When Child Support or Centrelink are advised of a care change and determine a new care percentage, record:
Child Support and Centrelink use these dates to determine when the new care determination affects relevant assessments. For information about the effect of multiple care determinations or care advised out of order go to Step 8. Care advised within 28 days If Child Support or Centrelink are notified within 28 days of a care change, the date of effect will be the date the care changed for both Child Support and Centrelink purposes. Care advised outside of 28 days The new care determination will be used in the assessment from the date of care change, for the person whose care percentage decreases and from the date the care was notified for the person whose care percentage increases, if the care change:
If a care change occurs before 1 July 2018 and the agency is notified before 30 December 2018, or occurred and was notified before 15 May 2019 for WA ex-nuptial cases, the care change will take effect in the assessment from the date the agency was notified. Exceptions to the 28 days rule There are 4 exceptions to the above date of effect rules when care is notified outside of 28 days:
Terminating events When a change in care causes the assessment to end (terminating event), the assessment will end from the date the care changed. Note: before 1 July 2018 (15 May 2019 for WA ex-nuptial children) a child moving from the care of one party to another was not a terminating event. If the care was notified:
The Resources page has scenarios and examples to determine date of effect. Centrelink date of effect rules For Centrelink, most care changes are applied from the date of event, regardless of when Centrelink is notified of the care change. Determine and record the exact date the care changed as this information may be used by Centrelink in determining a customer’s entitlements. If a customer asks for more details about the impact of the care change on their entitlements, transfer them to Centrelink after discussing all child support issues. Data exchange The Centrelink system automatically determines and applies the correct date of effect under Family Assistance/Social Security law as long as Child Support record the correct:
After the care decision is finalised, if either customer receives or applies for Centrelink payments affected by 'dependent child/ren' rates, the care decision will be sent to Centrelink and applied to the Centrelink benefits or payments they receive. Note: records that do not match may result in a Manual Follow Up activity on the customer's Centrelink record. This activity is allocated to Centrelink staff via Work Optimiser. Any reassessment of Centrelink payments may not occur until after the Manual Follow up activity is actioned. The Resources page has scenarios and examples for determining the date of effect. |
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Multiple care determinations or care determinations made out of order + Read more ... When processing multiple care changes, eligibility must be finalised for each individual decision, before processing the next determination. This is to make sure Cuba applies the accurate impacts of each care determination for the relevant periods. The care date of effect rules are applied in the following ways:
Care advised outside of 28 days The new care percentage will be compared against the care used in the assessment on the day the care changed, if a care change occurs:
If the care percentage has:
Each time a care record/event is finalised/accepted, Cuba will determine its effect on the assessment by considering the accepted care determinations in order of the date of the care event (oldest to youngest), regardless of the order they were notified. Note: there will be circumstances where the system does not apply the correct legislation for WA ex-nuptial children and manual workarounds are required. See Table 3 in WA Child Support ex-nuptial cases for information and what to tell customers. |
9 |
Care suspension period + Read more ... A care suspension period will apply if the agency is advised outside of 28 days but within 26 weeks of the care change and the change results in:
A suspension period will always apply retrospectively. The start date of the suspension period will be the date the care changed, and the end date will be the day before the agency is notified of the care change. During a care suspension, there is no assessment in force for the child and the child will not be in the assessment on either:
During a suspension period a customer will not be considered to be taking Maintenance Action for FTB purposes, by having a child support case after 13 weeks. If a customer asks for more information about the impact of the care change on their FTB entitlement, transfer them to Centrelink after discussing all the child support issues. Note: a suspension period will not apply to care changes before 1 July 2018 which were notified before 30 December 2018, or for any changes notified before 15 May 2019 for WA ex nuptial case children). If a care change causes a care suspension period to be applied to a child’s assessment check the case for:
The Resources page has examples of care suspension periods. |
10 |
Care terminating event + Read more ... A care terminating event will occur if the agency is notified of a care change more than 26 weeks after the date of event and, as a result of the care change:
Application for assessment because of a care terminating event If a customer’s assessment is likely to end due to a care terminating event, ask if they would like to apply today for a new child support assessment. Tell the customer that if they do not make an application today and their care change causes their assessment to end, the assessment will restart from the day they apply for an assessment. If the customer does wish to make an application for a child support assessment, document their response in the same notepad/Pluto process that records the care notification. The restart cannot be processed until the care determination is finalised. Application to extend the assessment past a child’s eighteenth birthday Another application to extend the assessment when a child turns eighteen may also need to be taken see Eighteen year old children extending a child support assessment. The Resources page has care terminating event scenarios. |
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Notifying customer indicates the other party is ‘likely’ to disagree with the reported change + Read more ... Although the notifying customer may expect the other party to disagree, after contacting the other party, it may be established there is no disagreement, and a disagreed care referral is not needed. A care change is only disagreed if the parties disagree about the facts of the care change. A customer advising the other party is likely to be unhappy with the change in care does not mean that party will disagree with the facts of the change. If the notifying customer advises the other party is ‘likely’ to disagree with the change of care, clarify which facts of the reported change the other party is ‘likely’ to disagree with, e.g.:
Continue to use the Change in care - notifying macro to guide and document the conversation and actions required. Contact with the other customer to confirm the disagreement must occur before any referrals to Integrated Care. For information on disagreed care referrals, see CRG > Disagreed care. |
Adding or correcting a care record
Table 3
Step |
Action |
1 |
Determine care types + Read more ... Determine the appropriate care type to apply before recording or correcting a pending care change in Cuba. As different types of care decisions require different levels of authorisation, before making a decision, consult with an authorised officer and obtain relevant approvals. Select each care type to help determine the appropriate type of care to use when adding the pending care record. Actual + Read more ... Record the care as Actual care for the following circumstances:
Document any written care arrangements in the Care window, even if recording Actual care that is not occurring as per the care arrangement. Note: all interim care determinations are managed by Integrated Care. See CRG > Disputed Care. Below 14% care + Read more ... Also referred to as Below Regular Care. The notifying customer can ask Child Support to determine the care percentage based on the actual pattern of care if:
A below 14% care decision allows for backdating for more than 28 days if the customer advises Child Support of the change within a reasonable period of time. Record the care type in Cuba as Below 14% care. For more information, References has a link to the Child Support Guide 2.2.3: Below Regular Care Determinations, Making the child available. Court order, parenting plan or written agreement + Read more ... Record the care type of:
Document written care arrangement in the Care window. |
2 |
Document the notification + Read more ... Select Create Document in the Change in Care - notifying macro to generate the document for Cuba and save the document in the Care window. Does a Pended care record already exist for this change in care notification?
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3 |
Pend care record + Read more ... Pend the reported care change in Cuba with the relevant 'Type' and a status of 'Pending'. Do not select the care type CSA Decision, Oral Agreement, Interim Decision or Court Ordered. Pending the care:
See Care Cuba Process Help for help adding a pending care record for:
For help with adding a pending care record for all other care notifications, see Care Cuba Process Help - Care levels notified before 1 July 2018 and WA ex-nuptial child support periods Select Create Document in the use the Change in Care macro to generate the document for Cuba. Save the document in the Care window. After adding and documenting all pending care notifications, see Making a decision for child support change in care. |
4 |
Correcting pending care details + Read more ... Check the pended care record and make sure the care type, dates and care percentage correctly reflects the change of care notified. To make a correction:
See Care Cuba Process Help for help adding a pending care record for:
For all other care notifications, see Care Cuba Process Help - Care levels notified before 1 July 2018 and WA ex-nuptial child support periods. Document any corrections made in the Care window. After correcting and documenting all pending care notifications, see Making a decision for child support change in care. |