Stage 1 - Change in care non-enforcement (CS) 277-05030000
Expand allThis document outlines the process when assessing a Stage 1 - change in care non enforcement period.
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Child leaves payee's care
Table 1
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Step |
Action |
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1 |
Application received + Read more ... An application for non-enforcement due to a change of care may be received orally, electronically or in writing. Record an application for non-care non-enforcement period in the Communication window:
Document the date that the change occurred, who made the application, and any advice Service Officer gave to the customer. If it is a written application, record the date it was signed by the customer or customers clearly indicating when each customer signed it. For more information on recording communications see Documentation Cuba process help. |
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2 |
Check application + Read more ... Check the Court Order (or court registered agreement) for any change of care arrangement clauses. If 1 exists then a variation should be processed accordingly (which may mean the election to stop enforcement has no effect or a different effect). See Stage 1 - variations (CS) for more information. Otherwise, to suspend collection during a non-care period a number of conditions must be met. The case must be a Stage 1 case A Stage 1 case can be identified by checking the Involvement List Screen, under ‘Type’. See the Involvement List window help. The case must be collectible If the case is private collect, Child Support cannot give effect to the election. If the case is private collect because:
Contact the customer who made the election and explain why Child Support cannot give effect to the election, see Contact with Child Support customers. Document any questions the customer asks, and the advice provided. The child must not be in the payee’s care The payee must not be the main provider of ongoing daily care for the child (or children) at the time the election is made. Election must be made by both customers The election to suspend collection must be made jointly. A joint election means that both customers:
A joint election can be made by the customers at the same time (in the same letter, or during 1 call when both are present), or at different times (one customer makes the election in writing, and the other also makes an election in a subsequent conversation). The date of a joint election is the date that both parties have made the election. If the customers make the election individually then the joint election will only be ‘complete’ from the date that the second election was received. This means that if 1 customer makes the election, the other must be contacted as soon as possible. Start contact attempts within 48 hours of receiving the election. If the election is made by only 1 customer, contact the other customer to confirm the change and ask if they also wish to elect that Child Support stop collection. If that customer agrees, record the details and go to Step 4. Note: the decision about a non-care non-enforcement period is voluntary for both customers and neither customer is obligated to agree to suspend the liability. Ensure both parents understand this at each contact. |
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3 |
Enforcement continues + Read more ... Contact the customer who elected to start a non-enforcement period and inform them that the other customer does not agree to suspend collection. Advise the customer that unless both customers elect to suspend collection Child Support cannot start a non-enforcement period. Discuss alternative options with the customer such as speaking to the other parent about making a new court order or seeking legal advice about having the order changed. Document any questions the customer asked and any information provided. Note: if there is no joint election and the payer is now receiving Centrelink entitlements, a LINE period may be applicable instead. See Stage 1 – low-income non enforcement (LINE) periods. |
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4 |
Start non-enforcement period + Read more ... Date of Effect:
Process and notification Start a non-care non-enforcement period by changing the details in the Collection Details group box under the Collection menu. See Overall non-care period - non-enforcement Cuba process help for more information. Once the record is saved the following letters will issue automatically:
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Child re-enters payee's care
Table 2
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Step |
Action |
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1 |
Application received + Read more ... An application to end a non-enforcement period due to a change of care may be received orally, electronically or in writing. Either the payer or payee can advise that a non care period has ended and request that enforcement restart. Record an application to end a non-care period as a Communication in the Communication window:
Document the date that the change occurred, whether the application was made by the payer, payee, or both, and any advice given to the customer. If it is a written application, record the date it was signed by the customer or customers clearly indicating when each customer signed it. For more information on recording communications see Documentation Cuba process help. |
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2 |
Check application + Read more ... Check the Court Order (or court registered agreement) for any change of care arrangement clauses. If 1 exists then a variation should be processed accordingly (which may mean the election to stop enforcement has no effect or a different effect). See Stage 1 - variations for further assistance with this process. Check the Customer window to determine if there is an indicator for a non-care period. If not, go to step 3. Investigate Other Options. Unlike starting a non-care non-enforcement period an election by both parties is not required. The date that the non-care period ended must still be confirmed. Contact the customer who did not apply to confirm the date that the child returned to the payee’s care and advise them that Child Support has been asked to start collection again. Note: in the event of a dispute, determining the exact date of a care change is only necessary when the election to end a non-care non-enforcement period is made within 28 days of the change. Otherwise the non-enforcement period ends on the date of the election. Service Officer must still establish that the child has returned to the payee’s care by the date of the election. If the other customer:
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3 |
Investigate other options + Read more ... If a non-care non-enforcement period was not started it cannot be ended. The case may be collectible and the customer does not realise this or the case may be non collect for another reason. Contact the customer who made the election to explain why Child Support cannot resume collection. If the case is non-collect because:
Discuss options with the customer, such as making an application for collection or ending the LINE period if appropriate. Document the outcome, any questions the customer asks, and the advice provided. |
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4 |
End non-enforcement period + Read more ... Date of effect:
Process and Notification End a non-care non-enforcement period by changing the details in the Collection details group box under the Collection menu. See Overall non-care period - non-enforcement Cuba process help for more information. Once the record is saved the following letters will issue automatically:
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