Integrated care – Complex care 277-03060050
This is a Family and Domestic Violence Interaction Point. If the customer is with another person, on speakerphone, or already identified with family and domestic violence concerns, continue with the current business conversation. Otherwise, go to the Family and domestic violence procedure to conduct the risk identification and referral process.
This document outlines how Integrated Care manage complex care activities, in Child Support and Centrelink.
Disputed Care changes notified before the legislative amendments effective 23 May 2018 and 1 July 2018 (15 May 2019 for WA ex-nuptial child support cases) must be managed under the relevant legislation, see Disputed care before 1 July 2018 (15 May 2019 for WA ex-nuptial cases).
On this page:
Disputed care including Actual Care in Special Circumstances (ACSC)
Review evidence and make a decision
Changes within the Maximum Interim Period (MIP)
Administrative Review Tribunal (ART) 1 and 2 decisions
Authorised Review Officer (ARO) implementations
Applying Stage 1 registrations
Applying manual periods/formula modification
Disputed care including Actual Care in Special Circumstances (ACSC)
Table 1: this table explains the requirements for making an interim care determination including when Actual Care in Special Circumstances (ACSC) applies. It is used by Complex Care Service Officers in Integrated Care managing customers who are disputing care.
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Determine if a change in care has occurredIs the notified care different to the care currently used in the assessment?
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Written care arrangement applies but no actual care changeIf a customer advises of a new or existing written care arrangement that applies to the child(ren) but there has been no change to the actual care from that currently used in the assessment, this is not a change in care. If a new written care arrangement is made during an existing maximum interim period, go to Table 4 > Step 5. Otherwise, advise the customer:
Record:
Procedure ends here. | |
Determine the date the pattern of care changed (Date of Event)Different legislation applies to interim care determinations with a Date of Event before 29 March 2024 and those on or after this date. Note: for care changes occurring before 29 March 2024, the date of notification can be before or after 29 March 2024. If the care changed before 29 March 2024, an interim determination will only be made where it is the first care percentage determination in relation to a responsible person’s care of a particular child. An interim determination cannot be made where there was an existing care percentage determination that has been revoked. Did the care change before 29 March 2024?
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Is this the first care percentage determination for the child?Care percentages are generally determined according to the actual care parties have of the child. In limited circumstances, where care is disputed, and it is the first care percentage decision for Child Support and Family Tax Benefits (FTB) purposes an interim care determination may be made, based on care as set by a:
A care determination is considered the first care percentage determination if:
See Child Support Guide 4.2 Disputed care & interim care rules. Note: for FTB purposes, shared/change of care percentage determinations are only made for a responsible parent from or after the separation date. Therefore, a care determination is considered the first care determination if it is on or after separation. For non-parent carers, it may be possible for a shared/change of care determination to occur while the parents are still partnered. Review both Child Support and Centrelink systems. Is this the first care percentage determination for the child?
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Existing care percentage decision is revoked under a below regular care determination (s54G)In very limited circumstances an interim determination may be made for a care event before 29 March 2024 even if it is not the first care determination in a child support case. This only occurs if the existing care percentage decision is revoked under a below regular care determination (s54G) and it is established that the party with reduced care is taking reasonable action to comply with the written care arrangement. These will likely result in ACSC decisions. See Child Support Guide 4.2 Disputed care & interim care rules. Is there an existing care percentage to be revoked under a below regular care determination (s54G)?
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Not the first care percentage determination and care changed before 29 March 2024For Child Support purposes, see Change in child support care levels. For Centrelink purposes, if the person with reduced care continues to take reasonable action to regain care, this may mean a principal carer determination may result in a different percentage of care recorded for Income Support Payment (ISP) to that recorded for FTB and Child Support. This is because of differences in Family Assistance and Social Security legislation. This would result in the FTB entitlement of the customer who has less actual care ending or reducing, but their Income Support Payment (ISP) rate continuing for an interim period. If the party with increased care claims an ISP, their claim to be the principal carer will be rejected if the principal carer continues to take reasonable steps to seek return of the child(ren). This is because only one party can be the principal carer of a particular child at any given time. Where making a decision that a party continues to be a principal carer:
In Customer First, create a manual review on the Review Registration (RVR) screen and complete the fields as follows:
The review will mature on the Due Date coded in the RVR activity. Workload Management will allocate the review for manual action. After 8 weeks, make a determination on the Principal Carer status based on the circumstances, see Shared care for income support payments and principal carer determination. Note: if an absence from care is more than 12 weeks, refer the case to the Level 2 Policy Helpdesk who will seek advice from Level 3 Policy Helpdesk. Procedure ends here. | |
Establish if a written care arrangement applies in relation to the childA written care arrangement is a:
Although it is best practice to request a stamped copy of the court order, there is no formal requirement for Child Support to receive a stamped court order. If there is not a stamped court order, the decision maker will need evidence to be satisfied that the order was registered with the Court. A written care arrangement will be considered to apply if it is an ongoing arrangement that has not been ended or replaced. The arrangement does not need to be followed before the care change for it to be considered to apply. Even when care is based on actual care that is different to the written care arrangement, the written arrangement remains in force. This is because it has not been ended or replaced by a subsequent written agreement. Note: a document acknowledging care is occurring in a particular way does not constitute a written agreement, even if signed by both customers. The written agreement must indicate the care arrangement constitutes an agreed, ongoing care arrangement for the child. Does a written care arrangement, that has not been ended or replaced apply to the child(ren)?
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Actual care occurring is different to that provided for in the written care arrangementIf actual care is different to the care provided for under the written care arrangement an interim determination may be appropriate depending on the circumstances of the case. If an interim determination is made, care will be assessed based on the written care arrangement for an interim period, before actual care will then apply unless special circumstances are established. If support is required, escalate to your PSM for review before finalising decisions. Have the parties agreed to not comply with the written arrangement?
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Establish the circumstances for not following the written care arrangementsIf the parties were not following the written care arrangement immediately before the care change event, this may influence whether a party’s actions are considered ‘reasonable’ in the circumstances of the case. Gather information from the parties about why they were not following the written care arrangement, and what has changed in terms of the current care change event. Questions could include, but are not limited to:
Gather information from the parties to establish specific circumstances. | |
Establish if the person with reduced care is taking reasonable actionWhen deciding whether a party’s actions are reasonable, consider whether they are making a genuine attempt to have the existing care arrangement complied with. Consider each party’s individual circumstances, including their relationship with the child and the other parent. Reasonable action for the party with reduced care could include:
This list is not exhaustive and other forms of action may be considered reasonable, according to the circumstances of both parties and the child. The party with reduced care does not need to provide evidence they are taking reasonable action:
If an interim determination is made the party with reduced care must take reasonable action throughout the interim period. If they stop, the interim period will end, and care will be based on actual care from the day after reasonable action stopped. See Child Support Guide 4.2 Disputed care & interim care rules. Is the party with reduced care taking reasonable action to regain care in line with the written care arrangement?
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Are there special circumstances?For care periods starting on or after 1 July 2012 (22 November 2012 for WA ex-nuptial cases), a decision can be made to apply actual care immediately where special circumstances exist. Before applying an interim period, the Registrar must be satisfied that there are no special circumstances that relate to the child. The special circumstances could relate to the child directly or relate to another individual, such as the party with increased care, to the extent that those circumstances relate to the child. Consider if the behaviour and/or actions of the party who has reduced care was a cause for the change in care. These behaviours and/or actions should be a significant cause for the change in care. Consider if there was substantial risk to the physical, emotional or psychological wellbeing of the child and/or another individual, such as the person with increased care, to the extent that those circumstances also relate to the child. Examples of where care is being withheld due to a substantial risk may include:
This list is not exhaustive, special circumstances will vary with each case, see Child Support Guide 4.2 Disputed care & interim care rules. Note: special circumstances are not limited to the inappropriate or unreasonable actions of a parent/carer. An interim period may still not apply due to special circumstances even where all parties have acted reasonably. Special circumstances need to be considered in all disputed care determinations. Discuss the circumstances with all parties when establishing what led to the care dispute and when reviewing evidence. | |
Interim care periodAn interim care determination can only be made once in relation to a written care arrangement. If the maximum interim period has ended no further interim care determinations can be made unless a new written care arrangement starts applying and there is an actual change of care. Note: there can be multiple shorter interim care periods within the maximum interim period depending upon the ongoing participation of the person with increased care in an approved Family Dispute Resolution process. Unless special circumstances apply, interim care decisions require 2 care percentage determinations based on the:
If special circumstances apply, only one care parentage determination reflecting actual care will be required. The length of the interim period will depend on:
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Reasonable action by the person with increased careThe length of the interim period may be reduced if the party with increased care is taking reasonable action and the written care arrangement is based on a:
The party with increased care is considered to be taking reasonable action if they:
It is up to the Registrar to determine what is considered a 'reasonable period' in which the reasonable action started, and it will depend on the individual circumstances of each case. If the action did not occur within a reasonable period of the change of care day, the Registrar may determine that reasonable action started on a later date. If the person with increased care does not take reasonable action within a reasonable period, the end of the interim period will be the:
The above periods start on the day the person began taking reasonable action, rather than the change of care day. See References for links to Child Support Guide 4.2.2 Length of interim period and 4.2.1.20 Parent with increased care – taking reasonable action to participate in family dispute resolution. The person with increased care:
Note: where a s60I certificate is provided, examine the details of the certificate. If it indicates that the person with increased care initially took reasonable action to participate in the process and that it is no longer reasonable for the parties to continue to do so, a shorter interim period can still apply. Alternatively, a certificate could demonstrate that the person with increased care has not participated in family dispute resolution. For examples, see the Interim Periods tables on the Resources | |
Application of Interim decisions to a child support assessmentInterim Care decisions are applied to child support assessments under Section 54C of the Child Support Assessment Act 1989, and to Centrelink assessment under Section 35L of the Family Assistance Act 1999
Cuba automatically calculates the dates when an interim decision should apply to a child support assessment if keyed correctly. |
Contact customer
Table 2: this table explains the process for contacting customer and investigating disputed care.
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Contact partiesContact with incarcerated customers is by phone appointment only. Contact the Incarcerated Customer team to arrange an appointment using the Incarcerated Customer Appointment email template. In all other cases, contact each party and explain:
For Centrelink customers, see Calling a customer or returning a customer's call For Child Support customers, see Contact with Child Support customers Ask the Risk Identification Question (RIQ) Has the customer answered yes to a Risk Identification Question?
Establish with each party:
The circumstances around care changes can be distressing, especially where care is disputed. Be considerate and sensitive to the customer’s experience when discussing and explaining care changes. See Identifying customer vulnerability and risk issues. Was customer contact successful?
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Supporting information and evidenceEncourage the parties to submit all documents and evidence via the myGov app or their myGov account online. Only offer the webmaster email address if the parties are not eligible for online services. Parties must be advised that the webmaster email address is not a secure method of communication. Advise each customer the information and evidence they provide will be:
Sensitive information will be considered in the care determination however private information will not be made available (e.g., third party evidence from a Social Worker or a Women’s Refuge). Although private information not relevant to the decision will not be made available to the other party, the principles of procedural fairness require Child Support to advise all the relevant parties what information has been used when a decision is made. Discuss with each party:
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Establish timeframes for evidenceEstablish with each party the due date for them to provide relevant information and evidence. Evidence can include:
Where possible, evidence should specify the date the care started. This is particularly relevant where the customer is supplying a letter from foster care, another government department, or third party organisation. | |
Summarise agreed actionsSummarise and document the discussion including:
Offer referrals to support services where appropriate, see Social worker and other service referrals for child support customers. | |
Unable to contact partyIf attempts to contact one or both parties by phone are unsuccessful, send a please contact SMS, from the program where the notification was lodged, if the function is available, see Child Support Electronic Messaging (EM) or Centrelink letters online and Electronic Messaging. Conduct searches if no valid phone contact details are available. Was a new contact number located and contact successful?
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Send lettersSend letters to all relevant parties (including third parties) to request evidence even when contact is successful. Note: only complex care Service Officers issue the Disputed care contact letter. For:
Once generated, review the letters for the following:
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Document care recordDocument in line with Documenting Child Support information and Online Document Recording (ODR):
If managing the case in:
Create an INC Progress DOC – Disputed on all mutual customers records:
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Manage care change in the systemSelect the system which aligns with the program where the care notification was initiated. Child Support system
Centrelink systemNo open work items
Open in scope Families related work items in Customer First and/or Process Direct E.g., FTB NCL, AOCA, REA or REV:
Where new in scope work items are received such as scanned documents:
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Review evidence and make a decision
Table 3: this table explains the process for reviewing evidence to determine the appropriate decision outcome
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Review evidence receivedThe information and evidence provided must be sufficient to enable a care determination to be made. Review the information and evidence received from each party to determine if:
If it is likely an interim care determination will be made, also consider if the evidence demonstrates whether:
Note: Complex Care Service Officers may contact third parties if they need more information about a statement provided as evidence to be satisfied of the right decision. Only discuss the claims of care made by the parties with third parties. Do not discuss any other case details and be mindful that information provided by third parties can only be used in certain circumstances, see Child Support Guide 4.1.3 Care periods & pattern of care After reviewing all information and evidence if:
Otherwise, go to Step 2 | |
Review evidence for actual care in special circumstances (ACSC)This discretion is to be exercised in unusual cases, e.g., where there is evidence of violence or other inappropriate behaviour by the customer who has reduced care which led to the change in care. Special circumstances can also be considered where all parties have acted reasonably if the circumstances relate to the child. Consider if the behaviour and/or actions of the customer who has less care was a cause for the change in care. These behaviours and/or actions should be a significant cause for the change in care. E.g. there was a substantial risk to the physical, emotional or physiological wellbeing of the child or other customer. Examples of where care is being withheld due to a substantial risk may include:
This list is not exhaustive, special circumstances will vary with each case, see Child Support Guide 4.2 Disputed care & interim care rules. Note: special circumstances are not limited to the inappropriate or unreasonable actions of a person. Actual care may still apply due to special circumstances even where all parties have acted reasonably. E.g., a care arrangement may be unable to be complied with due to the illness, injury or actions of the child or another person to the extent that the circumstances relate to the child. ACSC decisions are based on documentary evidence that supports the claim, particularly in situations where the facts are disputed. Acceptable evidence from an independent third party will vary depending on the circumstances. Allegations of abuse, family and domestic violence need to be supported by independent evidence. Where it is alleged, a parent has been violent towards a child, the absence of a child welfare order would not prevent the discretion being exercised if other independent evidence is provided. Suitable evidence may include (but is not limited to):
If evidence has been provided by third parties (police, child protection etc.) that indicates further information could be contributed regarding whether special circumstances exist, clarification of the evidence can be sought. This may involve contacting the third party or person who provided the evidence where appropriate. Once all information and evidence has been examined and considered, determine if special circumstances should apply Does the evidence support actual care in special circumstances should apply?
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Make an actual care in special circumstances decisionAfter the Complex Care Service Officer has determined an ACSC determination is appropriate:
The Complex Care PSM will:
Appeals and Objection Service Officers reviewing an existing decision:
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Create an interim periodCheck there is an existing care record for the written care arrangement. One must be recorded in the Cuba Care window before proceeding.
Add an actual care record as follows:
Accept this record but do not run eligibility at this stage. In the Cuba Care window, highlight the ACTUAL disputed care record:
For more information, see the Interim Periods table.
Note: customers may simultaneously notify Child Support of a previously unrecorded written care arrangement and a care change which does not comply with the written care arrangement. See Resources page > Table 5 for recording an interim period against the new written care arrangement in Cuba For mutual customers the interim care decision must be processed in the following order:
If the interim period needs to be keyed in Customer First:
Make a principal carer determination for the actual care decision. See Shared care for income support payments and principal carer determination. A principal carer determination may be required for the interim period if the written care arrangement was not being followed prior to the care change. To assess the effect on the customer’s FTB, see Notification and assessment of shared care arrangements for Family Tax Benefit (FTB). If the maximum Interim Period ends in the future, add a Display on Access (DOA) DOC as follows:
For help with processing an interim care decision, see Integrated Care – Making and recording care determination and Care Cuba Process Help.
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Future role reversalIn cases where roles will reverse after the interim period ends, Cuba will not automatically create the future reverse case. The reverse case will need to be created manually once the interim period has expired:
The intray will automatically route to a Complex Care holding position. When the intray presents in the future to a Complex Care Service Officer will check:
For more information, see Table 7 on the Resources page. | |
Income Support Payments (ISP) considerations
Go to Integrated Care - Making and recording care determination. |
Changes within the Maximum Interim Period (MIP)
Table 4: Complex Care Service Officers in Integrated Care manage changes that occur within the maximum interim period.
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Changes of care during an interim periodIf care changes during an interim period and is notified:
If a care change occurs during an interim period and that change is notified after the end of the maximum interim period, the normal care date of effect rules will apply. | |
Changes of care after an interim period but within the maximum interim periodThe first change of care notified after the end of an interim period but before the end of the maximum interim period can only be given effect from the date of notification, for both child support and family assistance purposes. In these cases, the earlier determination of actual care will be suspended, and the new actual care percentages will apply, see Child Support Guide 4.2 Disputed care & interim care rules. System support is not currently able to reflect this rule so care changes that fall after the interim period but before the end of the maximum interim period will need to have the date of event recorded as the date of notification. If a subsequent care change occurs, the normal date of effect rules apply for Child Support and FTB purposes as per the below. The normal date of effect rules apply, if the care changes:
Go to Integrated Care – Making and recording care determination. | |
Reasonable action by the party with increased care stops before the end of the maximum interim periodIf the party with increased care stops taking continuous reasonable action:
Note: where a s60I certificate indicates that the person with increased care initially took reasonable action to participate in the process and that it is no longer reasonable for the parties to continue to do so, a shorter interim period can still apply For information on the processing steps required to give effect to changes in ‘reasonable action’ by the party with increased care, see the Modify Interim care record following changes in reasonable action table in Care Cuba Process Help. If the party starts taking reasonable action again before the end of the maximum interim period, go to Step 4. | |
Reasonable action by the party with increased care does not start within a reasonable period or resumes after earlier ceasingIf the party with increased care did not take reasonable action within a reasonable period but later does so, the length of the interim period will be reduced from the date reasonable action started rather than the original date of event for the care change. This also applies where reasonable action was originally taken, then ceased and later resumed. The interim period will continue:
In either case, the interim period may not extend beyond the end of the maximum interim period. For more information about the duration of the amended interim period, see the Interim Periods table. For information on the processing steps required to give effect to changes in ‘reasonable action’ by the customer with increased care, see Modify Interim care record following changes in reasonable action table in Care Cuba Process Help. | |
Ending an interim period due to a change of circumstancesIn some situations, an interim period may end early and no later interim period can apply for the same written care arrangement. If:
If a terminating event occurs for the child(ren) within the interim period, adjust the interim period to end on the day before the terminating event, see Terminating events (Stage 2). For FTB purposes, see Family Assistance Guide 2.1.1.70 Disputed care arrangements on how to treat payments in the event an interim period ends earlier. If the case or assessment restarts for a child, the interim period does not restart automatically. A new care determination must be made from the date the assessment restarts. A new interim care determination can only be made if all other requirements for an interim determination are met and:
Go to Integrated Care - Making and recording care determination. |
Administrative Review Tribunal (ART) 1 and 2 decisions
Table 5: this table explains the process for actioning Administrative Review Tribunal (ART) 1 and 2 decisions.
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Original decision detailsRead the ART decision to establish the original decision details including:
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Details of the objection decisionGo to the Cuba Objection window to identify the details of the objection decision. Read the objection decision and establish:
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Details of ART decisionRead the ART decision and establish:
Note: most ART decisions are complex and clarification from the tribunal may be needed in some cases. Where clarification is needed, escalate these to the Complex Care PSM who may refer the decision for Program Advice or back to the tribunal for correction or clarification. | |
Pre implementation checks
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Process the ART decision in Cuba and Customer FirstART decisions made under child support legislation are coded in Cuba initially.
Note: if implementing an ART decision reviewed under family assistance legislation, see Table 4 in Care intrays Cuba Process Help Update the care record in:
For more information, see Integrated Care - Making and recording care determination. Is customer contact required?
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Customer contactExplain to the parties the impact of implementing the decision on their Child Support and Centrelink assessment and payments. Discuss any:
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Post implementation actions
If the decision resulted in a change to the assessment, also issue an MX0-2.
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Authorised Review Officer (ARO) implementations
Table 6: this table contains details for implementing Authorised Review Officer (ARO) decisions.
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Check Customer First
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Original decision detailsIdentify the details of decision which has been appealed, including:
Note: if the original decision was not made by Integrated Care, the CF activity will need to have the keyword ‘disputed’ removed and the work item re-categorised to FCC and a note added explaining the activity is out of scope for Complex Care. This does not apply if the implementation is for a decision that has escalated issues and has been allocated by IC National Team. These ARO decisions need to be implemented as a priority. | |
ARO decision detailsIdentify the details of the ARO decision which has been made, including:
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Was the review request lodged within time?The review is considered to have been lodged within time if requested within 28 days (or 90 days if the customer resides in a reciprocating jurisdiction) of the customer being notified of the original care decision. | |
Determine if the Centrelink review was lodged on timeDetermine the review lodgement date to determine the date of effect for child support. The ‘appeal lodged date’ in the APL script is often not accurate. Check Cuba and Customer First records to identify the first date the customer contacted to question the correctness of the decision. Use the Extension of time calculator macro. The start point for the day count is the date Child Support issued the care decision letter from Cuba even when Centrelink made the original care decision, see Table 4 in Care intrays Cuba Process Help . Was the Centrelink review lodged on time?
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Review was lodged on timeIf the customer lodged the review on time, the decision will take effect from the date the original decision took effect. Run the Appeal Decision Implementation script for each party to:
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Review was not lodged on timeThe review decision will take effect for child support from the date the review was requested unless special circumstances exist. Child Support will need to consider if special circumstances apply after the ARO decision is finalised in Centrelink systems. See the Child Support Guide 10.2.8 Objections to care percentage decisions. The review decision will take effect for child support from the date the review was requested unless special circumstances exist. Implement the ARO decision in Centrelink systems only initially. To do this:
This action will trigger data exchange to raise a CARE – REVIEW OF DECISION RECD intray to generate the following day. | |
Contact with the applicant regarding special circumstances for late review applicationAttempt to contact the applicant to establish if there are special circumstances that explain why there was delay in lodging their application for review Successful contact and the customer has special circumstancesTell the customer that as they lodged their request for review late, the ARO decision will apply in the child support assessment from the day the review was lodged. However, if special circumstances prevented them from asking for a review, the review application is considered as lodged on time. If the review is considered as lodged on time, the decision will take effect in the child support assessment from the date the original decision took effect. Warm transfer the customer to Objections who will review the special circumstances and make a decision. Keep customer locked awaiting the special circumstances decision. Successful contact and the customer does not have special circumstancesTell the customer their review decision will have effect from the date they lodged the review. Unsuccessful contact
If the customer:
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Cuba ProcessingSelect the processing needed. Review lodged on time or lodged late and special circumstances exist
Review lodged late – special circumstances do not existBecause of data transfer system limitations, it is not possible to keep the original care decision dates for Centrelink purposes and also give effect to the review decision from the correct date of effect in Cuba without applying a Cuba workaround. Manual periods are added to make sure:
The way to add the manual periods will depend on the circumstances of the case. Refer to Complex Care PSM for help if required. As a general rule, take the following steps:
For help to code: | |
Monitor for data alignmentCheck Cuba and Customer First on the following day to:
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Applying Stage 1 registrations
Table 7: this table explains how to use a Stage 1 registrations to record in Cuba when an appeal is lodged late and an assessment needs to be maintained for a period when the payee has no eligible child in their care.
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Applying manual periods/formula modification
Table 8: this table explains how to apply manual periods/formula modification.
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