Integrated care – Complex care 277-03060050

The Date of Notification can be before or after 29 March 2024.

• If the care changed before 29 March 2024, go to Step 2
• If the care changed on or after 29 March 2024, go to Step 4

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. This is because if the care changes before 29 March 2024, an interim determination cannot be made where there was an existing care percentage determination that has been revoked.

A customer’s percentage of care is generally determined according to the actual care they have of the child.

In limited circumstances for an interim period, where care is disputed, a customer’s percentage of care for child support and Family Tax Benefits (FTB) purposes may be determined according to a:

• written agreement
• parenting plan, or
• court order

A care determination is considered to be the first care percentage determination if:

• there is no child support assessment already in place for the child, and
• the Secretary has also not determined a person’s care of the child for FTB purposes

See the Child Support Guide 2.2.4: Interim care provisions & disputed care arrangements.

In very limited circumstances an interim determination may be made 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. These cases will need to be referred by the Program Support Manager (PSM) to Child Support Program for advice.

Review both Child Support and Centrelink systems.

Is this the first care percentage determination for the child?

• Yes, go to Step 4
• No:
• An interim care determination cannot be considered
• Make an actual care decision for each customer entitled to child support and/or FTB based on their level of actual care. Go to Step 3

For Child Support purposes, see Change in child support care levels from 1 July 2018 (15 May 2019 for WA Ex-nuptial cases)

For Centrelink purposes, if the carer who has lost 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 an Income Support Payment (ISP) to that recorded for FTB and Child Support. This is because of differences in Family Assistance and Social Security legislation, go to Table 1, Step 5 in Child out of care without consent.

This would result in the FTB entitlement of the customer who has less actual care ending but their Income Support Payment (ISP) continuing for an interim period.

If the customer 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 customer can be the principal carer of a particular child at any given time.

Where making a decision that a customer continues to be a Principal Carer:

• see Shared care for income support payments and principal carer determination, and
• complete the coding as per Table 5 on the Customer First tab in Notification and assessment of shared care arrangements for FTB. Make sure the:
• FTB Shared Care (FSC) screen shows the customer’s actual care for FTB purposes (for example 0%)
• SSA Shared Care (SSC) screen shows the customer is still the principal carer with the percentage of care as per the written arrangement for ISP purposes (for example 70%), and
• Date of Event (DOV) of both care records are the same, in line with the decision made
  Note: errors may occur due to the FSC and SSC screens not having the same care percentages. Immediately escalate any errors to Complex care PSM (CC in Team Leader/Manager) for further investigation
• Child In Customer Care (CHC) must not be recorded as Left Customer Care (LCC) if continuing to assess the customer as principal carer
• create a DOC using Fast Note - select Auto text, use Families > Enquiry > INC review – disputed care

In Customer First, create a manual review on the Review Registration (RVR) screen and complete the fields as follows:

• Service Reason: FTB
• Review Reason:
• Select browse to search for the relevant review reason by name or keyword, or
• If known, key the review reason code in capital letters, e.g. 'FOR' = Return of Form/Correspondence
• Due Date: date of the next action, e.g. mediation or court date. Where there is no known date, the review will be set for 8 weeks to determine if the customer has continued taking reasonable steps to recover care of the child
• Source: INT
• Date of Receipt: Today’s date
• Notes: Customer is assessed under interim care arrangement for ISP purposes, review is required to ensure they are still taking reasonable steps to recover care of child or if there has been a change in care.
• Keywords: disputed
• Workgroup: leave blank
• Position: leave blank
• Transfer to region: leave blank

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 customers 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 Parenting -Level 2 Policy Help Desk who will seek advice from Level 3 Policy Helpdesk.

Procedure ends here.

Establish if the care is based on a written care arrangement.

A written care arrangement is a:

• court order regarding the care of a child
• written agreement between the carers of a child
• parenting plan signed by both parents (within the meaning of Section 4 of the Family Law Act)

A care arrangement will be considered to apply if:

• it is followed immediately before the change in care, or
• the change in care occurs before the care provided for under the care arrangement could be established

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.

Is care based on a written arrangement?

• Yes, go to Step 5
• No:
• See Notification of change in child support care from 1 July 2018 (15 May 2019 for WA Ex-nuptial cases)
• If there is a disagreement over the facts of the care change, create a SCT Disagreed Care referral. See Customer Referral Guidelines (CRG) > Disagreed care

If both customers agree they were following the written care arrangement immediately before the care change, it will be considered ‘applied’.

Was the written care arrangement followed immediately before the change?

• Yes, go to Step 6
• No:
• See Notification of change in child support care from 1 July 2018 (15 May 2019 for WA Ex-nuptial cases)
• If there is a disagreement over the facts of the care change, create a SCT disagreed care referral, see Customer Referral Guidelines (CRG) > Disagreed care

Is the customer with reduced care taking reasonable action to regain care in line with the written care arrangement?

Examples of reasonable action for the customer with reduced care include:

• initiating or participating in court action for contravention of a court order
• obtaining or seeking legal advice regarding the making of a court order
• initiating mediation, through a Family Relationship Centre or other service, to re-establish the care arrangement
• negotiating with the other customer with a view to re-establishing the care arrangement

The customer with reduced care does not need to provide evidence they are taking reasonable action, unless there is information to suggest they are not. If the other customer does not agree reasonable action is being taken, the customer with reduced care will need to provide evidence.

The person with reduced care must take reasonable action throughout the interim period, in order to have the child support assessment based on the written care arrangement during the interim period. See the Child Support Guide 2.2.4: Interim care provisions & disputed care arrangements.

Note: the customer with reduced care must continue taking reasonable action. If they stop, the interim period will end on that date. The care percentages will be based on actual care from the day after reasonable action stopped.

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.

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. Consider if there was substantial risk to the physical, emotional or psychological well-being 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:

• violence towards the child
• exposing the child to family violence (within the meaning of section 4AB of the FL Act)
• violence towards the person with increased care
• directly involving the child in a criminal act
• exposing the child to alcohol, drugs or substance abuse
• substantially failing to comply with legal schooling requirements, and/or
• neglecting the child's basic needs, such as withholding essential medical care from the child or disregarding their daily needs for food, shelter, hygiene etc.

This list is not exhaustive, special circumstances will vary with each case, see the Child Support Guide 2.2.4: Interim care provisions & disputed care arrangements.

Are there special circumstances?

• Yes, see Table 4
• No, go to Step 8

A customer’s percentage of care is generally determined according to the actual care they have of the child. In limited circumstances where care is disputed, a customer’s percentage of care for both child support and FTB purposes may be determined according to a written agreement, parenting plan or court order for an interim period, rather than being based on actual care.

The customer with reduced care must take reasonable action to have the written care arrangement complied with throughout the maximum interim period for the care percentages to be based on the written care arrangement.

Interim care decisions require 2 care percentage determinations:

• One based on the care set out in the written care arrangement, which applies for an interim period, and
• The other based on the actual care which applies immediately after the interim period ends

The length of the interim period will depend on:

• the type of care arrangement (court order, parenting plan or written care agreement)
• the age of the care arrangement (e.g. how long the care arrangement was made) when care changed, and
• in some cases, whether the person with more actual care than set out in the written care arrangement takes reasonable action to participate in an approved Family Dispute Resolution process

For more information, see the Interim Periods tables in Resources.

The length of the interim period may be reduced if the customer with increased care is taking reasonable action and the written care arrangement is based on a:

• court order that started more than 26 weeks before the care change, or
• parenting plan/written care agreement that started more than 38 weeks before the care change

If the length of the interim period will not be affected, see Table 2.

The customer with increased care will be considered to be taking reasonable action if they:

• participate in an approved Family Dispute Resolution process, and
• have done this within a ‘reasonable period’

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 -See the Child Support Guide 2.2.4: Interim care provisions & disputed care arrangements.

The customer with increased care does not need to provide evidence of the reasonable action they are taking unless there is information to suggest they are not taking reasonable action. If the other customer does not agree reasonable action is being taken. See Table 2 Step 2 for Supporting Evidence and Information details

Note: the customer with increased care must continue taking reasonable action to receive the benefit of a reduced interim period. If they stop taking reasonable action, the interim period will be:

• extended until the end of the maximum interim period or,
• reinstated until the end of the maximum interim period, if the interim period has already ended

Interim Care decisions are applied to child support assessments under Section 54C of the Child Support Assessment Act 1989

• The care percentages determined under the written care arrangement apply to each day of the interim period
• The actual care percentages apply from the day after the interim period ends

Cuba automatically calculates the dates when an interim decision should apply to a child support assessment if keyed correctly.

If the interim decision is not applying as expected escalate to Complex Care PSM.

Contact 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 customer and explain:

• the disputed care process
• interim care decisions (where appropriate)
• any evidence they will need to provide

Establish with both customers:

• the care that is currently occurring (including care other than nights), see the Child Support Guide 2.2.1: Basics of care
• whether the established pattern of care, as per the care arrangement has changed or not
• whether the new pattern of care is likely to continue into the future (and is not a one-off minor change such as occasionally missing a weekend of care due to work or illness). See the Child Support Guide 2.2.1: Basics of care
• if they are taking any reasonable action, including what date it started/ended
• if they and/or the other party are participating in Family Dispute Resolution
• if they have provided Child Support or Centrelink with a copy of the most recent written care arrangement

The circumstances around care changes can be distressing, especially where the 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?

• Yes, go to Step 2
• No, go to Step 5

Encourage customers to submit all documents and evidence via the myGov app or their myGov account online.

Only offer the webmaster email address, if the customer is not eligible for online services. Customers must be advised that the webmaster email address is not a secure method of communication.

Inform each customer the information and evidence they provide will be:

• considered in making a care percentage decision
• discussed with the other customer
• made available to the other customer (including evidence a customer submits from third parties), except where the information is sensitive

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 taken into account when a decision is made. Discuss with the customer the information needed to make a decision.

Inform each customer:

• information from children is not accepted and will be disregarded. Evidence from a child aged 18 years or older may be considered, see Child Support’s information gathering powers
• the agency may initiate searches for evidence
• statements from third parties must maintain the privacy of the customers
• if a third party does not consent to their evidence or claim being disclosed to the other customer, it will not be considered in the decision
• if a customer provides a written statement from a third party, it will be inferred they have consented to the third party being contacted. See the Child Support Guide 2.2.1: Basics of care > Supporting evidence
• the agency may initiate searches for evidence that will be discussed
• the agency will base the care determination on the best information available at the time if:
• there is no evidence provided by one of the customers
• neither customer provides conclusive information or evidence, or
• both customers provide conflicting information that cannot be reconciled

Establish timeframes with each customer for them to provide relevant factual information and evidence.

Evidence can include:

• copies of a court order, parenting plan or written arrangement
• documentary evidence (e.g. diary or calendar entries) noting the actual care of the child
• information or statements confirming care arrangements from day-care, kindergarten, school or any regular extra-curricular activity
• if customers live a considerable distance apart, enrolment details for day-care or school
• details regarding the usual location of the child's belongings
• evidence regarding visits to health care providers
• proof of airline bookings or passport copies
• statements confirming care arrangements from close family, friends or relatives
• statements from professional members of the community who have regular contact with family such as teachers, police, ministers of religion, lawyers, social workers or doctors
• evidence from the customer with reduced care that they are taking reasonable action to have the care arrangement complied with
• evidence from the customer with increased care that they are taking reasonable action to participate in Family Dispute Resolution

Where possible, evidence should specify the date the care started. For e.g. (but not limited to), where the customer is supplying a letter for foster care or from other government departments.

Summarise the discussion and include:

• Care-related facts that have been agreed on by the customer
• Any evidence customers need to provide
• The date that the evidence must be received by the agency
• Customers have objection and review rights to the decision, regardless of whether the care percentages are changed
• Whether the interim period will apply for FTB purposes only or both FTB and Child Support

To assess the effect on the customer’s FTB, see Notification and assessment of shared care arrangements for Family Tax Benefit (FTB).

Offer the customer referrals to support services where appropriate, see Social worker and other service referrals for child support customers.

If attempts to contact Child Support customers by phone are unsuccessful, send a S009 please contact SMS, if the customer has previously had contact with Child Support, see Child Support Electronic Messaging (EM).

For Centrelink only customers, issue the Please Contact SMS from Customer First, see Centrelink letters online and Electronic Messaging.

Conduct searches if no valid phone contact details are available.

If a new contact number is located and the customer is successfully contacted, confirm the details with the customer and update their record. For:

• Child Support, see Updating Child Support customer information
• Centrelink, see Notification and assessment of shared care arrangements for Family Tax Benefit (FTB)

Send 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:

• Child Support only customers and mutual customers not receiving Family Tax Benefit (FTB), Child Care Subsidy (CCS) or an Income Support Payment (ISP):
• issue the Disputed Care Contact letter to request evidence
• mutual customers receiving FTB, or an ISP, or have a pending claim:
• use the Child - Change in Care Arrangements script to issue a Q810 Shared Care Dispute- Request for information letter and
• issue the Disputed Care Contact letter to request evidence
• mutual customers receiving CCS only and have regular care:
• issue a Q888 CCS ACCS RFI letter if pending disputed care will reduce their care to 13% or less
• Centrelink only customers who:
• receive FTB or ISP use the Child - Change in Care Arrangements script to issue a Q810 Shared Care Dispute- Request for information letter.
• receive CCS only and have regular care issue a Q888 CCS ACCS RFI letter if pending disputed care will reduce their care to 13% or less.
• do not receive FTB, CCS or ISP but have an existing Centrelink record, issue a Q999 Change in care previous carer not in receipt of FTB requesting confirmation of shared care arrangements and supporting evidence, see the Resources page of Notification and assessment of shared care arrangements for Family Tax Benefit (FTB) for the letter text.
• any customer/s who do not have an existing Centrelink record
• if there are enough details to create a record, one must be created. The children must be linked to the new record, see Adding a customer to the system and Linking a child to a customer's record. Issue a Q999 Change in care previous carer not in receipt of FTB with a Details of your child's care arrangements (FA012) from the record.
• if there is not enough details to create a record, issue a Q999 Change in care previous carer not in receipt of FTB from the existing customer’s record as a third party letter, see the Resources page of the Notification and assessment of shared care arrangements for Family Tax Benefit (FTB) for the letter text
• all letters issued via Centrelink system:
• close any open DOCs generated by the script on each customer’s record

Once generated, review the letters for the following:

• Notified change in care details
• Request for supporting care related information and/or evidence
• Information on what evidence can be accepted and how it will be used and shared if it is considered in the making of the care decision
• Contact number for customer to call
• Advice that the care determination will be based on the information
• provided by each customer, third parties
• sourced from searches initiated by Services Australia
• Due date the evidence needs to be received by
• Allows the customer time to respond, see Standard response times

Document in line with Documenting Child Support information and Online Document Recording (ODR):

• All conversations, including macro documents
• Contact attempts
• Relevant information gathered
• Court orders, parenting plans and written agreements provided:
• for Cuba, in the Care window notepad
• for Customer First, annotate the Integrated Care – Progress DOC. Record all care information received in Child Support and Centrelink systems in the Integrated Care - Progress DOC, whether it is open, on hold or completed

Select the system being used to manage the care change.

• Delete the SCT Disputed Care Referral intray
• Create an SCT Awaiting Evidence intray on one associated customer record
• Set the Integrated Care - Progress DOC to Complete

No open work items

• Place the Integrated Care - Progress DOC on hold, add keyword Disputed
• Use the date when next action can be taken as the resubmit date

In scope Families related work items on the Activity List (AL) for e.g., FTB NCL, REA or REV:

• Set the Integrated Care - Progress DOC to Complete
• Place other work items on hold, add keyword Disputed
• Use the date when next action can be taken as the resubmit date

Where new work items are received in Work Optimiser for e.g., a scanned document:

• Include references to where information is located, such as a FA012 lodged on (date) in the Integrated Care - Progress DOC
• Set the other work items to Complete

The information and evidence provided must be sufficient to enable a care determination to be made.

Review the information and evidence received from each customer to determine if:

• there has been a change in care, and
• a written care arrangement was applying before the reported change in care, and
• the customer with reduced care is taking reasonable action within a ‘reasonable period’, and
• the customer with increased care is taking reasonable action to participate in Family Dispute Resolution

Note: Complex Care Service officers may contact a third party if they need more information about a statement provided by a third party as evidence to be satisfied of the right decision. Only discuss the claims of care made by the customers with third parties. Do not discuss any other case details.

After reviewing all information and evidence, if:

• an interim care decision be made, go to Step 10
• the evidence is inconclusive, or a decision based on actual care should be considered see Notification of change in child support care from 1 July 2018 (15 May 2019 for WA Ex-nuptial cases), or
• an ACSC decision should be considered (care is being withheld due to special circumstances), go to Table 4

Check there is an existing care record for the written care arrangement. If not, one must be loaded in the care window before proceeding.

• The care details care type must be ‘Court Order’, ‘Parenting Plan’ or ‘Written Agreement’:
• Make sure the correct type is selected for Cuba to determine the correct length of the interim period
• The correct Made on Date, the date the written care arrangement was made, must also be entered to enable Cuba to correctly calculate the interim period

Add an actual care record as following:

• From Date(date of event) is the date the care changed
• Notified Date is the date the change in care was notified
• Percentage of care is the percentages of care actually occurring
• Disputed Care Indicator must be ticked

Accept this record but do not run eligibility at this stage.

In the Cuba Care window, highlight the ACTUAL disputed care record and then:

• select the Interim Care button to open the ‘Create Interim Care’ dialogue box.
• key the Reasonable Action Start Date for the person with increased care if reasonable action is being taken
• select the Reasonable Action within Reasonable Period check box if it has been determined reasonable action was taken within a reasonable period
• select Create Interim

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. If:

• the customers were initially following the care arrangement immediately before the care change, or
• care is withheld from one of the customers from the start date of the new arrangement

See Resources page > Table 4 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:

• Process the interim decision in Cuba
• Check data transfer in Customer First the day after processing in Cuba
• Correct and code the interim care and actual care lines in Customer First to reflect the decision as appropriate

If the interim period needs to be keyed in Customer First:

• The 'interim' decision must be keyed from the date the care changed
• Key the FTB Shared Care (FSC) screen and update SSA Shared Care (SSC) screen with the:
• interim care decision, and
• actual care decision to follow interim care period
• Create a new line in the !CADDS screen, update to ‘Finalised’ and mark the disputed care indicator as ‘Y’
• 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 is not required for the interim period

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:

• Create a Fast Note select Auto Text use Families > Enquiry > Disputed Care Interim Period
• Tick the Display on access box and confirm. The DOA reason will auto populate with ‘special contact consideration’ (SCC). Change the expiry date to the maximum interim period date determined
• Complete the Fast Note template with details of the disputed care decision including the maximum interim period
• Check data transfer in both systems the next day as part of post decision checks. If a CARE – INTERIM DETERMINATION intray is present, make sure to check the details and delete where appropriate

Integrated Care – Making and recording care determination and Care Cuba Process Help.

In 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.

Service Officers will need to:

• manually create an Interim Care Review intray on one customer only
• change the Effective Date of the intray to the date the reverse case is due to commence
• the Due Date will update to 14 days later
• add a brief notepad in the intray with the details of the interim care decision and the future start date of the reverse case

The intray will automatically route to a Complex Care holding position.

If there are no other outstanding issues, the customer can be unlocked.

After the due date, a Complex Care Service Officer will need to check:

• the Child Support Periods are aligned
• the collection status is as per the customer’s election
• eligibility and (if correct) save

For more information see Resources page > Table 5 Interim Care Review intrays.

• Determine if the customer/s need to speak to an experienced Service Officer to discuss claiming an ISP such as Parenting Payment and Job Seeker Payment. This may include when the customer:
• loses entitlement to their ISP and wants to apply for another ISP
• may be entitled to an ISP (e.g. customer’s income and assets are under the threshold) and wants to apply for an ISP
• needs their ISP reinstated
• Advise the customer they will be contacted to discuss testing their eligibility for an ISP. Document this on the customer’s record
• Escalate to the Parenting – Level 2 Policy Help Desk. Ask them to conduct an Assisted Customer Claim (ACC) with the customer or any other appropriate action needed
• Provide all relevant information about the care determination that has impacted ISP eligibility

Suggested Text for Parenting – Level 2 Policy Help Desk Enquiry

Integrated Care has made a decision regarding disputed care.

ACC needs to be run with customer to test eligibility for {payment type}.

Principal Carer: {yes/no} - If yes, Child Name and DOB:

Shared Care: {yes/no} - If yes, Percentage of Care:

Any other relevant information:

If care changes during an interim period and is notified:

• during the interim period, the new care will apply after the end of the interim period
• after the interim period but within the maximum interim period, the new care will apply from the date of notification

If a care changes 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.

The 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 the Child Support Guide 2.2.4: Interim care provisions & disputed care arrangements. 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:

• after the end of the interim period, and
• before the end of the maximum interim period, and
• is notified of after the end of the maximum interim period

Go to Integrated Care - Making and recording care determination.

If the customer with increased care stops taking:

• continuous reasonable action within the interim period, the interim period will be extended until the end of the maximum interim period
• reasonable action after the end of the interim period, but within the maximum interim period, the interim period will resume from the date reasonable action ceased and it will continue until the end of the maximum interim period

For information on the processing steps required to give effect to changes in 'reasonable action' by the person with increased care, see the Modify Interim care record following changes in reasonable action table in Care Cuba Process Help.

If the customer starts taking reasonable action again before the end of the maximum interim period, go to Step 4.

If the customer 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:

• for court orders, for 14 weeks from the date reasonable action resumed, or
• for parenting plans and written care agreements, for 4 weeks from the date reasonable action resumed

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.

In some situations, an interim period may end early and no later interim period can apply for the same written care arrangement. If:

• the person with reduced care stops taking reasonable action or the written care arrangement no longer applies (e.g. because there is an end date for the care arrangement). The interim period will end on the day the person stopped taking action or the care arrangement no longer applied
• a new care arrangement is made and being followed. The interim period will end on the day before the new care arrangement begins to apply
• special circumstances exist in relation to the child (where special circumstances were not present at the time the interim decision was made) the interim period will end the day before special circumstances start applying. See Table 4 for details about special circumstances

If a terminating event occurs for the case or the child 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 interim care determination cannot be made unless the restart of the case is within the Maximum Interim Period of the earlier interim determination. A new care determination must be made from the date the assessment restarts. Actual care will be used to determine the percentage of care from the date of notification.

Go to Integrated Care - Making and recording care determination.

When a customer’s circumstances indicate an ACSC determination may be appropriate, refer the customer to a Complex Care Service Officer. The Complex Care Service Officer will make a decision about whether to apply an ACSC decision.

This discretion is only 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. This recognises that if a customer's own unreasonable or inappropriate actions are a significant cause for the care arrangement not being complied with, the customer should not benefit from an interim period, even if they are seeking the return of the child. See the Child Support Guide 2.2.4: Interim care provisions & disputed care arrangements.

Customers can be referred for consideration of ACSC by:

• Service Officers in Child Support, see Customer Referral Guidelines (CRG) – Child Support > Actual care in special circumstances (ACSC)
• Service Officers in Centrelink, see Actual Care in Special Circumstances referral template
• Integrated care staff

After reviewing the referral, if the Complex Care Service Officer determines ACSC does not apply, they will consider if the Disputed Care process needs to be followed, see Table 1.

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:

• violence towards the child
• exposing the child to family violence (within the meaning of section 4AB of the FL Act)
• violence towards the person with increased care
• directly involving the child in a criminal act
• exposing the child to alcohol, drugs or substance abuse
• substantially failing to comply with legal schooling requirements, and/or
• neglecting the child's basic needs, such as withholding essential medical care from the child or disregarding their daily needs for food, shelter, hygiene etc.

This list is not exhaustive, special circumstances will vary with each case, see the Child Support Guide 2.2.4: Interim care provisions & disputed care arrangements.

Each customer must provide relevant information and evidence to support their claims.

When contacting customers for extra information, be mindful of the potentially sensitive issues and seek appropriate support e.g. Social Worker.

Discuss with customers the information needed to make a decision.

Inform each customer that the information and evidence they provide will be:

• considered in making a care decision
• discussed with the other customer
• made available to the other customer (including evidence a customer submits from third parties), except where this information is sensitive

Sensitive information will be considered in the care determination however unnecessary or private information will not be made available (for example, 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 is being taken into account when a decision is being made.

Suitable evidence may include (but is not limited to):

• a police report detailing violent behaviour towards a child or the person with increased care
• an intervention order preventing contact with the child or person with increased care, or
• statements from a medical or other relevant professional regarding assault or abuse of the child or person with increased care.

Encourage customers to submit all documents and evidence via the myGov app or their myGov account online.

The webmaster email address can only be offered if they are not eligible for online services. Customers must be advised that the webmaster email address is not a secure method of communication.

Inform each customer that:

• information from children is not accepted and will be disregarded. Evidence from a child aged 18 years or older may be considered, see Child Support’s information gathering powers
• the agency may initiate searches for evidence
• statements from third parties must maintain the privacy of the customers
• if a third party does not consent to their evidence or claim being disclosed to the other customer, it will not be considered in the decision

If a customer provides a written statement from a third party, it will be inferred they have consented to the third party being contacted, see the Child Support Guide 2.2.1: Basics of care > Supporting evidence.

Inform customers the agency will base the care determination on the best information available at the time, see the Child Support Guide 2.2.1: Basics of care in the event:

• there is no evidence provided by one of the parties
• neither customer provides conclusive information or evidence, or
• both customers provide conflicting information that cannot be reconciled

The circumstances around care changes can be distressing, especially where special circumstances apply. Be considerate and sensitive to the customer’s experience when discussing and explaining ACSC, see Identifying customer vulnerability and risk issues.

Where appropriate, refer the customer to a Social worker and other service referrals for child support customers.

Speak to the Team Leader/Program Support Manager for support in managing the calls if necessary.

Where it is indicated that third parties (police, child protection etc.) may be able to contribute further information regarding whether special circumstances exist, make contact and gather this additional information from the third parties directly.

Was customer contact successful?

• Yes, go to Step 4
• No, go to Step 6

Establish timeframes with each customer for them to provide relevant factual information and evidence.

Summarise the discussion and include:

• care-related facts that have been agreed on by the customer
• suitable evidence customers need to provide
• the date by which that the evidence must be received by the agency
• the customers have objection and review rights to the decision, regardless of whether the care percentage is changed
• potential impacts on FTB and other Centrelink payments

To assess the effect on the customer’s FTB, see Assessment of care arrangements for Family Tax Benefit (FTB).

Offer the customer referrals to support services where appropriate, see Social worker and other service referrals for child support customers.

Go to Step 7.

If attempts to contact Child Support customers by phone are unsuccessful, send a S009 please contact SMS, if the customer has previously had contact with Child Support, see Child Support Electronic Messaging (EM).

For Centrelink only customers, issue the Please Contact SMS from Customer First, see Centrelink letters online and Electronic Messaging.

Conduct searches if no valid phone contact details are available.

If a new contact number is located and the customer is successfully contacted, confirm the details with the customer and update their record:

• For Child Support, see Updating Child Support customer information
• For Centrelink, see Notification and assessment of shared care arrangements for Family Tax Benefit (FTB)

Send letters to all relevant parties (including third parties) to request evidence even if contact is successful. Note: only complex care Service Officers issue the Disputed care contact letter

• for Child Support only customers and mutual customers not receiving Family Tax Benefit (FTB), Child Care Subsidy (CCS) or an Income Support Payment (ISP):
• issue the Disputed Care Contact letter to request evidence
• for mutual customers receiving FTB, or an ISP, or have a pending claim:
• use the Child - Change in Care Arrangements script to issue a Q810 Shared Care Dispute- Request for information letter, and
• issue the Disputed Care Contact letter to request evidence
• for mutual customers receiving CCS only and have regular care:
• issue a Q888 CCS ACCS RFI letter if pending disputed care will reduce their care to 13% or less
• for Centrelink only customers who:
• receive FTB or ISP use the Child - Change in Care Arrangements script to issue a Q810 Shared Care Dispute- Request for information letter.
• receive CCS only and have regular care issue a Q888 CCS ACCS RFI letter if pending disputed care will reduce their care to 13% or less.
• do not receive FTB, CCS or ISP but have an existing Centrelink record, issue a Q999 Change in care previous carer not in receipt of FTB requesting confirmation of shared care arrangements and supporting evidence, see the Resources page of Notification and assessment of shared care arrangements for Family Tax Benefit (FTB) for the letter text
• for any customer/s who do not have an existing Centrelink record
• if there are enough details to create a record, one must be created. The children must be linked to the new record, see Adding a customer to the system and Linking a child to a customer's record. Issue a Q999 Change in care previous carer not in receipt of FTB with a Details of your child's care arrangements (FA012) from the record
• if there is not enough details to create a record, issue a Q999 Change in care previous carer not in receipt of FTB from the existing customer's record as a third party letter, see the Resources page of the Notification and assessment of shared care arrangements for Family Tax Benefit (FTB) for the letter text. for all letters issued via Centrelink system:
• close any open DOCs generated by the script on each customer’s record

Once generated, review the letters for the following:

• notified change in care details
• request for supporting care related information and/or evidence
• information on what evidence can be accepted and how it will be used and shared if it is considered in the making of the care decision
• contact number for customer to call
• advice that the care determination will be based on the information:
• provided by each customer, third parties
• sourced from searches initiated by Services Australia
• due date evidence needs to be received by the timeframe for the customer to respond, see Standard response times

Document in line with Documenting Child Support information and Online Document Recording (ODR):

• all conversations including macro documents
• contact attempts
• relevant information gathered
• court orders, parenting plans and written agreements provided:
• for Cuba, in the Care window notepad
• for Customer First, annotate the Integrated Care – Progress DOC

Record all care information received in Child Support and Centrelink systems in the Integrated Care - Progress DOC, whether it is open, on hold or completed.

• Outline all evidence and information considered in making the decision in the decision document
• The evidence and information related to ACSC decisions can sometimes be confronting, only include factual and relevant information
• Do not reference evidence and conversations verbatim - summarise relevant information and refer to the evidence already recorded in Cuba or Customer First
• Avoid language that can be considered emotive or offensive

Select the system being used to manage the care change.

• Create an ACSC Awaiting Evidence intray on one associated customer record
• Delete the SCT Awaiting Evidence intray
• Set the Integrated Care - Progress DOC to Complete

No open work items

• Place the Integrated Care - Progress DOC on hold, add keyword Disputed
• Use the date when next action can be taken as the resubmit date

In scope Families related work items on the Activity List (AL) for e.g., FTB NCL, REA or REV:

• Set the Integrated Care - Progress DOC to Complete
• Place other work items on hold, add keyword Disputed
• Use the date when next action can be taken as the resubmit date

Where new work items are received in Work Optimiser for e.g., a scanned document:

• include references to where information is located, such as a FA012 lodged on (date) in the Integrated Care - Progress DOC
• set the other work items to Complete

Review evidence and information that support relevant findings of fact.

• ACSC decisions are made on the basis of documentary evidence that supports the claim
• 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
• The absence of a child welfare order would not prevent the discretion being exercised if other independent evidence is provided

Evidence from an independent third party that may indicate special circumstances could be, but not limited to:

• a police report detailing violent behaviour to a child or the customer with increased care
• an intervention order preventing contact with the child or the customer with increased care
• statement from a medical or other relevant professional regarding assault or abuse of the child or the customer with increased care

Note: a phone call is often needed to the relevant authorities to get the required information in these situations. Do not accept evidence directly from children. Where a customer provides written evidence from the child, do not consider the information. Tell the customer we will not be considering this for evidence purposes.

After the Complex Care Service Officer has determined an ACSC determination is appropriate:

• Complete the Potential ACSC – PSM review template
• Email the completed Potential ACSC – PSM review template and recommendation to the CSP Special circumstance decisions

The Complex Care PSM will:

• review the recommendation.
• contact the Complex Care Service Officer, if more information/ evidence is needed
• respond to the Complex Care Service Officer to advise if the recommendation is supported or if extra action is needed

Once all of the information and evidence has been examined and considered, and PSM review completed, make a decision.

If no supporting evidence is received from one of the customers, or if it is inconclusive, make the decision on the best information available.

See Integrated Care – Making and recording care determination and Care Cuba Process Help.

Read the ART decision to establish:

• Date of Event
• Date of Notification
• Care percentages
• Was the notification within 28 days of change in care?

Go to the Cuba Objection window to identify the details of the objection decision.

Read the objection decision and establish:

• Date objection was lodged
• Date objection decision was made
• Was the objection lodged on time?
• Was it allowed, partially allowed or disallowed?
• Were there special circumstances (if lodged late)?
• Date of Event
• Date of Notification
• Care percentages
• What is the Date of Effect?
• Is it applied correctly in Cuba and Customer First?

Read the ART decision and establish:

• When was the ART application lodged?
• Was the application lodged on time?
• Type of ART decision - varied, set aside, affirmed
• Date of Event
• Date of Notification
• Care percentages
• Children that the decision relates to
• Is the summary of the decision consistent with the conclusions stated in the body of the decision?
• Date of effect of the decision
• If the application for review was late, were special circumstances considered?

Note: most ART decisions are complex and clarification from the tribunal may be needed. Escalate this to the Complex Care PSM who may refer the decision back to the tribunal for correction or clarification.

• Check for PS management. This does not impact implementation of the ART decision but keep the PSO informed of developments, for e.g. any other issues identified. The PSO will need to contact the customer regarding implementation of the ART decision
• Check for eligibility issues. Resolve any errors or data integrity issues identified before implementing the ART decision
• Check historical alignment between Cuba and Customer First

ART decisions are dual coded in Cuba and Customer First on the same day.

Update the care record in:

• Cuba, see Care Cuba Process Help. Sometimes if an appeal is lodged late, to retain the ‘set aside’ decision up to the day before the date of effect (late lodgement date) in Cuba, the following may need to be recorded:
• Applying manual periods/formula modification, see Table 8, or
• Applying Stage 1 registrations, see Table 7
• Customer First, see Notification and assessment of shared care arrangements for Family Tax Benefit (FTB)
• Check data transfer in both systems the following day and resolve any issues

See Integrated Care - Making and recording care determination.

Explain to the customers the impact of implementing the decision on their Child Support and Centrelink payments.

Discuss any child support arrears or overpayments created with the customer.

• Delete system generated letters
• Issue the relevant ART Implementation Unique Letter with assessment
• MX0-2 if there are assessment changes
• MX0-1 if there are no changes
• Use the ART/ARO Decision Implementation template to document in Cuba and Customer First
• Update the Complex Care Worksheet
• Send email to Complex Care PSM

• Locate all associated customer records in Customer First
• Check the ARO decision documents in Document List (DL)
• Check the ARO decision details in Document Tools (ARODEC)
• Escalate any concerns regarding the decision to the Complex Care PSM
• A Complex Care Service Officer cannot change an ARO’s decision without approval from the Review of Decision Helpdesk
• If the Complex Care Service Officer disagrees with the interpretation of facts or the exercise of discretion within the policy, they must still implement the ARO decision.
• Complex Care Service Officers must escalate to the Complex Care PSM if they identify an ARO decision that is:
• contrary to policy or law, or
• is based on an error of fact, or
• does not affirm, vary or set aside and substitute a decision. E.g., the decision is to ‘reassess a claim’
• The Complex Care PSM will contact the ARO to discuss and/or seek clarification
• If the ARO decision needs to be changed, the Complex Care PSM will complete the Request advice from Review of Decision Helpdesk web form
• The Review of Decision Helpdesk will advise if there is sufficient reason to start a Secretary initiated review of the ARO decision

Identify the details of decision which has been appealed, including:

• Child/ren affected
• Date of Event
• Date of Notification
• Date of effect
• Care percentage
• Outcome - Accept/reject/refuse
• Date customer was notified of decision. When determining the date, the customer was notified of the care decision, use the letter issued by Child Support as the first time the customer is notified. Use this date even if Centrelink made the original care decision

Note: if the original decision was not made by Integrated Care, the CF activity will need to have the ‘disputed’ keyword 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.

Identify the details of the ARO decision which has been made, including:

• Child/ren affected
• Date of Event
• Date of review
• Care percentage

The review is considered to have been lodged on time if the review:

• has been partially or fully allowed and
• was lodged within 28 days (or 90 days if the customer resides in a reciprocating jurisdiction) of the customer being notified of the original care decision

If the customer lodged the review on time, the decision will take effect in the child support assessment from the date the original decision took effect.

Determine 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 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 Care - Review of Decision Rcvd’ Intray table.

Was the Centrelink review lodged on time?

• Yes, go to Step 6
• No, go to Step 7

If 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 customer to:

• Update the relevant APL to FINALISED
• Make sure the Modify Reconsideration (MR) screen in the APL system reflects the reason as PDC, PRS, PSC, PTS, or CSR for correct data transfer
• Document implementation actions and outcomes on all relevant customer records

Go to Step 9.

The review decision will take effect for child support from the date the review was requested unless special circumstances exist.

Run the Appeal Decision Implementation script for each customer to:

• Update the relevant APL to FINALISED
• Ensure the Modify Reconsideration (MR) screen in the APL system reflects the reason as PDC, PRS, PSC, PTS, or CSR for correct data transfer
• Document implementation actions and outcomes on all relevant customer records

Note: if the implementation of the review decision cannot be finalised in Cuba on the same day that it is started, a CLK – REVIEW OF DECISION intray will generate.

Go to Step 8.

If the customer applied for the Centrelink ARO review late, Child Support will need to consider if special circumstances apply after the ARO decision is finalised. See the Child Support Guide 4.1.8: Care percentage decisions > Special circumstances.

Attempt to call the applicant to establish if special circumstances impacted the date they applied for a Centrelink ARO review.

Advise 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 was 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.

Go to Step 9.

Tell the customer their review decision will have effect from the date they lodged the review.

Go to Step 9.

• Issue a UQ51.03 - Objection to care percentage review - Applicant with a 14 day response due date
• Add a document to the Case window in Cuba. Make sure it is clear child support needs to discuss with the customer whether they wish to have special circumstances considered

If the customer:

• does not respond to special circumstances letter, go to Step 9
• contacts Child Support to discuss if special circumstances prevented them from lodging their application for a Centrelink ARO review on time:
• warm transfer the customer to Objections. The Objections officer will review the special circumstances and make a decision
• keep the customer locked awaiting special circumstances decision
• go to Step 9

Select the processing needed.

• Record care in Cuba, see Integrated Care – Making and recording care determination and Care Cuba Process Help
• The date of effect and date of notification will be the same as the original decision. Do not use the review date as the date of notification
• Delete system generated letters
• Issue the UQ51.05 - Care Objection percentage decision - Applicant and UQ51.06 - Care Objection percentage decision - Respondent with assessment:
• MX0-2 if there are assessment changes
• MX0-1 if there are no changes
• Use the ART/ARO Decision Implementation template to document in Cuba and Customer First
• Update the Complex Care Worksheet
• Send email to Complex Care PSM
• Go to Step 10

Because of system limitations in Cuba, it is not possible to keep the original care decision and also give effect to the review decision.

Manual periods are added to make sure:

• the Child Support assessment does not change before the date of review lodgement, and
• Centrelink records are not impacted by incorrect data transfer

The way to add the manual periods will depend on the circumstances of the case. Refer to Complex Care PSM for help.

See Table 8, Applying manual periods/formula modification

As a general rule, take the following steps:

• Make sure all historical care records are aligned in Cuba and Customer First excluding the review decision
• Make sure the assessment is correct (i.e. update incomes)
• Write down or take screenshots of Case Liability Rates for period from the Date of Effect of the original decision to the day before the review lodgement date
• Add the care as per the review outcome, using review lodgement date as the Date of Notification, see Integrated Care – Making and recording care determination and Care Cuba Process Help
• If this is the first care recorded for the case the Date of Notification cannot be changed, escalate to Complex Care PSM
• Update the Use Date for both payee and payer to be the Date of Notification
• Check the Cuba Eligibility screen:
• if a role reversal is going to be created from the date of lodgement of the review or the case is being made ineligible, additional steps may be needed. Escalate to a Complex Care PSM. Do not save eligibility
• exit eligibility without saving
• Add manual periods to set the annual rate of child support as it was before keying the care (review). Refer to notes/screen shots of Case Liability Rates
• Make sure manual periods are set in both sides of reverse case if appropriate
• Go back to the Cuba Eligibility screen. This should show no changes before the date of lodgement of the review:
• if changes are still occurring, escalate to a Complex Care PSM. Do not save eligibility
• if no changes are occurring, save eligibility
• Use the ART/ARO Decision Implementation template to document in Cuba and Customer First. Include a detailed explanation of what percentage of care should be reflected in the assessment during these manual periods. Make sure the document highlights the care in the Cuba Care window should not be used to calculate the assessment in this period
• Update the Complex Care Worksheet
• Send email to Complex Care PSM with a copy of the ART/ARO Decision Implementation template

Check Cuba and Customer First on the following day to:

• confirm care alignment
• action any ripple activities created

From the Case window, select

• In the Application group box:
• select Court Order/AGR in the Type dropdown menu
• key the Lodgement Date and Mailroom Date
• key the Starts on (start date of the manual period) and Ends on (end date of the manual period)
• Select

From the Case window, select Additional Registration Information from the Go dropdown menu.

• In the Court Order Details group box:
• key ART details
• Select Periodic Amounts radio button in Uses group box
• Select
• Select Periodic Amont from the Go dropdown menu to access the Periodic Amounts window

• Select
• In the Action Required group box:
• select the Add radio button
• In the Apply group box:
• key the From Date, To Date, Amount and Frequency
• Select

Check the changes in Stage 1 Annual Rates group box in eligibility pre-confirmation.

Note: A Stage 1 registration will not apply if there is an underlying formula assessment recorded for the same period. All formula assessments for the relevant period should be removed before recording the Stage 1 registration.

Stage 1 registrations default to private collect status once saved. Note down/take screen shots of collection history before saving any changes. Change collection status as appropriate in the Stage 1 registration before saving.

• A formula modification can be applied on an active registration period only
• Only one formula modification can apply at a time per period
• If the annual rate needs to be set for a period when a Departure Order (COA, Agreement, Court Order Assessment) applies:
• The manual periods in place will need to be adjusted within the departure registration not the underlying formula assessment. Refer to a Complex care PSM
• If the annual rate is set for a period to maintain the assessment due to date of effect of the ART decision, check the eligibility pre-confirmation is showing no change for that period

From the Case window, select Formula Modification from the Go dropdown menu.

• In the Action Required group box:
• select Add
• In the Modification Details group box:
• key the From Date and To Date
• select Requires Manual in the Type dropdown menu
• In the Adjust by group box
• select Amount radio button
• key the correct annual rate in the Set To
• Select
• Check eligibility pre-confirmation
  If annual rates have been set for a period to maintain the assessment due to the date of effect of the ART decision, eligibility pre confirmation should show no changes for that period
• Save eligibility if all results are as expected

Note:

• A Formula modification can be applied on an active registration period only
• Only one formula modification with same Type can apply at a time per period
• If the annual rates for a period needs to be set when a departure order (COA, Agreement, Court Order Assessment) applies, adjust the manual periods in place within the departure registration not the underlying formula assessment. Refer to Complex Care PSM

For more help applying manual periods/formula modifications, see the Steps to add, update or delete a formula modification table.