Making a decision for a change in child support care 277-03040030
This document outlines information on making a decision for a change in child support care and managing post care decision issues.
On this page:
Review information for making the care decision
Check and process the change in care decision
Case review and post-decision issues management
Investigate change of care
Table 1
Step |
Action |
1 |
Customers experiencing vulnerability + Read more ... 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. Referrals for extra support may be needed when contacting a responding customer in the following situations:
The Resources page in Social worker and other service referrals for Child Support has referrals and support services to assist people who are at risk of vulnerability. |
2 |
Contact responding customer/s + Read more ... Make one genuine attempt to contact the responding customer (or customers if there are more than 2 carers) before sending a care contact letter:
Use the Change in care - Respondent macro to guide the conversation. Discuss all care information provided by the notifying customer with the other customer/s. Explain how any new information may affect their percentage of care and their assessment. This gives them the chance to respond and to make sure the decision is just. The Resources page has an example on care investigations. To establish and clarify the specific details of the care change, give the responding person a chance to comment on relevant information gathered and/or provided by the notifying person including:
If the responding customer advises there is a written care arrangement, ask them to supply a copy if the current version of the arrangement is not documented. To help clarify and confirm the care details, particularly the date of event and pattern of care, ask open ended questions, for example:
If there is a written care arrangement which the customers are no longer adhering to, contact the person who has reduced care to determine if they are taking reasonable action to have the care arrangement complied with. Reasonable action for the person with reduced care could include:
Care decision that may impact Family Tax Benefit (FTB) If either customer receives FTB for the child, the care decision:
Explain to the customer:
Offer to cold transfer the customer to Centrelink if they need:
If initial attempts to contact the other customer/s by phone are unsuccessful, use the Care contact letter macro to ask them to contact child support within standard response times. In the following circumstances, make at least 2 further contact attempts after sending a letter and before making a decision.
Was the responding customer contacted by phone?
|
3 |
Document and review information + Read more ... Save the document from the Change in care - Respondent macro in the Care window. After making initial contact with all customers, review the information, including any relevant uploaded documents or court orders from all customers to determine:
Note: 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 each person how care percentages are calculated. Review written care arrangements to calculate the care percentage to apply. After reviewing the information, if it is identified that:
|
4 |
Information unclear or conflicting + Read more ... If the information provided by the notifying or responding customers is unclear or conflicts, make further contacts to clarify and determine the facts of the change in care that has occurred. Use effective questioning and investigate potential dates to establish the correct date of event and care period. If after contacting all customers:
Exception - referrals to the Integrated Care Team Service Officer in specialised areas who manage disagreements about care, e.g., Personalised Services, Complaints, New Customers (if there is a pending registration) or a RACs officer do not need to refer the customer to the Integrated Care Team. These officers will manage the change in care notification. |
5 |
Disputed care + Read more ... Circumstances meet the criteria for a Disputed Care referral where all parties have been contacted and agree on the facts of the care change, but:
Does the change in care meet all criteria for Disputed care?
|
6 |
Unable to contact the other person + Read more ... Conduct searches to source new contact details, see Customer location (tracing). If there are new contact details, return to Step 2. For customers living overseas, give them a 'reasonable time' to respond. E.g.,
If there is no response to the 'Care contact letter' and evidence is not required, base the decision on the best information available. Evidence may be requested if there is any reason to doubt the information available. Situations where the agency may seek evidence include:
Situations where evidence may not be required include:
Does evidence need to be requested?
|
7 |
Request further evidence + Read more ... Where necessary, make contact to request evidence to support their claims. Allow additional time as appropriate to the channel where the evidence will be lodged. Encourage the person to provided evidence using themyGov online service or Express Plus Mobile app. Discuss with each customer any evidence or claim considered in the care decision. This includes evidence and information:
Do not consider evidence or claims if a customer or third party does not want the evidence or claim discussed or made available to all customers. Document all conversations, contact attempts and information gathered in the Care window. Evidence returned or request for evidence expired If all information available has been gathered relevant to making a care decision and all customers confirm the details of the care change are correct and no further information or referrals are required, see Table 2. If the evidence provided identifies there is:
|
Review information for making the care decision
Table 2
Step |
Action |
1 |
Record information used in the decision + Read more ... Review and document all information gathered relevant to the care change before making a decision to accept or reject the change in care. Use the Change in Care - Care decision macro to record the:
|
2 |
Review date of event + Read more ... Review the information provided by all customers to determine the correct date of event. When determining the date of event, consider:
The date of event used in the decision is either:
|
3 |
Review care period + Read more ... Review the information provided by all customers to determine the care period to be used in the decision. In some circumstances, care period that is shorter or longer than 12 months from the date of event may be appropriate. 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 where 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 where the pattern of care will gradually change over definable periods in a specific and measurable way, e.g., one person is to increase their care by one day per week every 3 months over the upcoming period. One-off block of 100% care A shorter care period may also be appropriate where 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. When recording a one-off block of 100% care, the care type 'Actual' is used, the care percentage of 100% is recorded to the person who has unexpectedly gained 100% care and the Block of 100% Care indicator is selected. 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 person advises of the subsequent change, the existing percentage of care will continue. The Resources page has examples of care periods shorter than 12 months. Do the customers have a written care arrangement in place?
|
4 |
Written care 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. Note: if a customer/s advises that they have a written care arrangement but do not provide a copy of the arrangement, make a decision (to reject or accept) reflecting actual care. To calculate the care percentage based on the pattern of care that is actually occurring, go to Step 5. 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). Only use information within the court order to determine a care percentage if the parents are complying with the order. Request a copy of the care arrangement documents, scan and record this in the Care window notepad, see Correspondence received in Child Support. 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 used to determine the pattern of care and calculate the care percentages that will apply. If required, seek help from a Service Support Officer (SSO), see Technical support in Child Support. Written care arrangement is being complied with If the customers are complying with the provisions of the written care arrangement:
Written care arrangement is not being complied with If the customers are not complying with the provisions of the written care arrangement and:
|
5 |
Review pattern of care + Read more ... Use the information provided from all sources to determine the pattern of care that will be used to calculate the level of care. Where a pattern has been established in the past and the Service Officer is satisfied it will continue in the future, use that pattern in calculating percentage of care for the care period. Where it is established that the change in care relates 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. |
6 |
Review and calculate level of care + Read more ... Review the information gathered from all sources to calculate the level of care to be recorded. The care calculator must be used to calculate care in all instances, except where the pattern of care being notified results in either:
If calculations are not required, go to Step 7. Use the care calculator to record the care details:
Care other than in nights APS delegation is needed if the care is in hours, not nights 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.
|
7 |
Review care type + Read more ... Determine the appropriate care type to be applied before recording or correcting the care change record in Cuba. As different types of care decisions require different levels of authorisation, before making a decision, consult with an authorised officer and get relevant approvals. Actual care + Read more ... Record the care type as Actual care for the following circumstances:
Document any written care arrangements in the Care window Below 14% Care + Read more ... Also referred to as Below Regular Care The notifying person can ask Child Support to determine the care percentage based on the actual pattern of care if:
This decision allows for backdating for more than 28 days if the person advises Child Support of the change within a reasonable period of time. The care type to be recorded in Cuba is Below 14% care. The References page 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 arrangements in the Care window. |
Check and process the change in care decision
Table 3
Step |
Action |
1 |
Change in care percentage but not the cost percentage + Read more ... If the change will not alter the cost percentage, but a decision is still required, go to Step 2. If the change does not meet the criteria for an investigation to commence when a change will not alter the cost percentage, make a refusal decision. Refusal decision to be made If none of the above exist, consider whether contact with the other person should occur before finalising the refusal decision. Contact may be necessary if:
In these circumstances, make one genuine attempt to contact the other party before proceeding with the refusal decision. If the decision made is to not make a new care percentage decision (to ‘refuse’ the reported care change) under the discretion allowed in s54H or s54HA, the pending care record should be rejected and the reason for the decision documented. The customers have the right to object to the decision over the phone or in writing. See Table 3, Step 3 for more information. |
2 |
Pre-decision Contact + Read more ... Consider whether pre-decision contact is required with each party to the care decision. Pre-decision contact is necessary if:
|
3 |
Care change decision + Read more ... Make sure the 'Pending' care record in Cuba is updated to reflect the correct final care determination for each change in care notification received. Inaccurate care information, as well as unnecessarily deleting and rekeying Child Support care records may impact on a customer's Family Tax Benefit (FTB). See Care Cuba Process Help to make changes to 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 Check the pended care record reflects the correct:
Check the decision:
Consider the following:
When a decision is being made to reject, refuse or accept a care change notification, letters are issued and customers have the right to object If help is required, see Technical support in Child Support. Objection rights When Child Support or Centrelink have made a care decision, an objection to that decision may be lodged by phone or in writing. For a verbal care percentage objection see Customer referral guidelines - Objections Seek help if required, see Technical support. |
4 |
Document the care decision + Read more ... Save the document from the Change in care macro in the Care window. |
5 |
Process care decision + Read more ... Open the pending Cuba care record and process the care decision to reflect 'Accepted' or 'Refused', see Table 2 in Care Cuba Process Help. Review and check the Pre-confirmation Results window, see Eligibility Cuba Process Help. Make sure all the changes that will take effect once Eligibility is saved, are correct. For help understanding the re-confirmation results, seek technical support. If all the changes displayed in the Pre-confirmation Results window are correct, save Eligibility to process the care decision. Once eligibility is saved and the care decision is applied:
If the care change caused a:
|
6 |
Assessment needs to be started/restarted + Read more ... When running eligibility to give effect to the care change, review the pre-confirmation results. If the warning message Terminating event, should case be restarted? Is child in pye/pay care? displays, identify if one of the following is required:
Create or restart a case or add a new registration if the customer indicated they want the child to be assessed. They may have advised during the change of care notification or subsequently. Check all notepads associated with the care change and recently added to the case. If a customer has asked to reapply for an assessment, the assessment will restart from the date they first made a request to have the child added on the assessment. As the child support assessment will be active until eligibility is run following the acceptance of the care change, the child support assessment can be restarted by the owning officer without the need for a referral to New Customers. Follow the process for creating a reverse case with the following exceptions:
|
7 |
Letters + Read more ... Check any letters generated thoroughly to make sure they reflect the care decision and care percentages made, see Table 7 in Letters Cuba Process Help. Letters and assessment notices are sent to customers notifying them of changes. One of the following letters will generate:
Where the customers’ roles have changed, see Reverse child support cases. |
Case review and post-decision issues management
Table 4
Step |
Action |
1 |
Manage post-decision issues + Read more ... Once the care decision has been finalised, review the case to identify if the change has resulted in:
|
2 |
Determine whether post -decision contact is necessary with each party to the care decision + Read more ... Post-decision contact is necessary if:
Does the customer disagree with the care decision
|
3 |
Customer disagrees with care decision + Read more ... If a customer disagrees with the care decision, discuss the reasons why and try to resolve the issue by explaining how the care decision was made. Determine appropriate referral options, see Customer Referral Guidelines (CRG) - Child Support, for the customer including:
If the customer advises of additional information on the same date of the original decision that will change the outcome. It may be possible to reconsider the decision because a decision becomes final when it is communicated in writing to the relevant parties. Seek technical support, see Technical Support in Child Support. If the customer contacts Child Support about the change in care letters they received advising the care percentage on their assessment is not in line with the care decision. This may indicate a keying error has occurred. Seek technical support about whether an error has occurred that needs correcting, see Correcting errors on Child Support cases. If a customer wants to pursue an objection or apply for a review of the care decision, they can do so by notifying Child Support or by notifying Centrelink where one or more customers receive family assistance. This applies to all customers including non-mutual customers. Objections to care decisions may be lodged either verbally or in writing. Check whether the decision was made by Child Support, Centrelink or the Integrated Care Team. If the customer is requesting an objection or review of a decision made by Integrated Care transfer to the Integrated Care Team. The Integrated Care Team will discuss the decision with the customer to decide which program to lodge their objection or review with. For all other customers for a decision made by:
|
4 |
Care decision made by Child Support + Read more ... If the customer still wants to pursue an objection to the care decision transfer the customer to the Objection team. If the customer advises of a change in the care since the original decision was made, treat this as a new care notification. See Notification of change in child support care. Progress the new care decision as required and transfer the customer to the Objection team if the customer wants to object Document discussion in the Care window, see Documenting Child Support information. Procedure ends here. |
5 |
Care decision made by Centrelink + Read more ... If Centrelink made the original care decision, provide an explanation of the care decision to Child Support customers (mutual or non-mutual) impacted by the decision. Any Child Support customer (mutual or non-mutual) impacted by a Centrelink care decision can:
Tell the customer the program who made the care decision is generally best placed to review it. Example A non-mutual customer may not understand the relationship between Child Support and Centrelink. Explain this so they can understand why they can speak with Centrelink about care. A non-mutual customer can seek a review with Centrelink. If the customer asks why the care percentages recorded in the Centrelink decision and Centrelink assessment are different, transfer the customer to Centrelink to determine why this has occurred. It may be a keying error. |
6 |
Customer has lodged a review + Read more ... Ask the customer if they have already lodged a request for a format review of decision with Centrelink. If the customer has lodged a review, open the External Information Care window to check:
Open the Objections window to check if there is a Child Support objection in progress. If there is no objection in progress, the review is being managed by Centrelink. If the Appeal Related indicator has a status of ‘Y’, and the customer has not lodged a review with Centrelink, the other party may have initiated this. Tell the customer that Centrelink is managing this process and once a decision is made, they will advise Child Support of the outcome. Finalise any child support issues and transfer the customer to Centrelink to discuss the review in progress. Document discussion in the Care window. If the customer has not yet lodged a review with Centrelink, go to Step 7 |
7 |
Customer wants to lodge a review + Read more ... If the customer wishes to pursue their review rights to the Centrelink decision with:
See Customer Referral Guidelines (CRG) - Child Support for transfer information, and document discussion in the Care window notepad. |