Obsolete Child Support entries 277-08300000

Service Officers in Deceased Customer Management (DCM) and some International teams identify cases where the registered maintenance liability may be obsolete. Registered maintenance liabilities include:

• a liability to pay child support arising under a child support assessment
• an Australian Court ordered registrable maintenance liability to pay child maintenance or spousal maintenance
• a parentage overpayment order, and
• an overseas maintenance liability registered in accordance with section 18A of the Child Support (Registration and Collection) Act 1988, excluding a debt arising from a New Zealand child support liability

Note: the following debts cannot be removed through this process:

• late payment penalties
• estimate penalties
• costs and fines
• consolidated revenue debts
• overpayments

An entry will only be obsolete if multiple criteria are met.

Has the child support case ended?

• Yes, go to Step 2
• No, the entry cannot be obsolete, procedure ends here

Has a non-pursuit of debt decision been made less than 6 months ago, or the case meets the criteria for non-pursuit of debt?

• Yes, got to Step 3
• No, the entry cannot be obsolete, procedure ends here

Is the outstanding child support uncollected because:

• the payer is deceased 2 or more years, or the estate is finalised?, Go to Step 4
• the liability is a registered overseas maintenance liability and the payer and payee are not residents of Australia? Go to Step 5

An obsolete entry determination may be made when the payer is deceased and there are no legal means of collecting child support. An entry is not obsolete because the payee is deceased and Child Support has no avenue to disburse child support. In this instance, see Waivers for Child Support customers.

Check the notepad on the Deceased Client window to confirm a decision has been made that:

• the payer’s estate has been finalised and no further funds are available to pay the outstanding child support, go to Table 4 in Testacy searches and collection options when someone has died, or
• the payer died intestate 2 or more years ago and Letters of Administration are unlikely to be applied for, go to Table 5 in Testacy searches and collection options when someone has died

Does the child support case meet one of the above criteria?

• Yes, go to Step 6
• No, see Deceased Child Support customer management

For International cases, an obsolete entry determination can only be made when:

• the payer and payee are no longer Australian residents, and
• the case is an overseas maintenance liability registered in accordance with section 18A of the Child Support (Registration and Collection) Act 1988. The References page contains a link to the Child Support Guide 3.6.1: Registrable overseas maintenance liabilities

Note: a child support case arising from a New Zealand ‘In’ registration cannot be made obsolete, see New Zealand Case Management - Withdrawals and Returns to NZIRCS from Child Support.

Check notepads on the Client Residency and Case windows. If a residency decision has been made for both parents and neither is a resident of Australia, go to Step 6.

If there are indications that one or both parents are overseas and a residency decision has not yet been made for one or both of them, send a residency referral to the Specialist Residency Team for a residency decision.

Review case details to make sure all outstanding actions and decisions have been finalised where possible, including (but not limited to):

• debt collection activities
• income correction
• non-agency payments
• change in care

Has a non-pursuit of debt determination been recorded in the Payer Collection window within the last 6 months?

• Yes:
• DCM customers, go to Step 8
• International customers, go to Step 9
• No, the obsolete entry submission can still be made provided it is demonstrated the case meets the criteria for non-pursuit
• Open the non-pursuit submission macro from within the Obsolete Entry submission macro
• Use it to establish the case meets the requirements for non-pursuit, referring to Non-pursuit of individual Child Support debts

Note: if the circumstances of the case do not satisfy the grounds for non-pursuit, the entry is not obsolete

If the payer died intestate 2 or more years ago check that Child Support has investigated within the last 6 months if Letters of Administration were applied for. If not, follow the steps in Deceased Child Support customer management to determine if Letters of Administration have been or will be applied for.

If Letters of Administration have been or will be applied for, do not proceed with the obsolete entry submission until the payer’s estate has been finalised.

If the estate has been finalised or Letters of Administration have not been and will not be applied for, go to Step 10.

For International customers (where the liability is an overseas maintenance liability registered in accordance with section 18A of the Child Support (Registration & Collection) Act 1988):

• conduct a Department of Home Affairs search on the payer and payee. See the External searches guide
• record the search results on the customer’s Payer Collection window

If either parent has returned to Australia, review their residency status, go to Residency decisions for Child Support customers. If the parent is now a resident of Australia, the entry is not obsolete.

If the payer has returned to Australia contact them to make a payment arrangement, go to Debt repayment.

If neither parent has returned to Australia, go to Step 10.

Check the customer account windows for the following outstanding amounts (these cannot be deemed obsolete as they are not enforceable maintenance liabilities):

• late payment penalties
• estimate penalties
• costs and fines
• consolidated revenue debts
• overpayments

Note: costs and fines, consolidated revenue debts and overpayments are debts to the Commonwealth and may be waived under the Public Governance, Performance and Accountability Act 2013, see Waivers for Child Support customers.

Include a submission to remit any penalties in the Obsolete Entry submission macro when forwarding to the delegate.

Contact the payee in all cases and if required the Overseas Authority in International cases. Refer the case to the International Central Authority Team to contact the Overseas Authority. Go to Table 11 in Customer Referral Guidelines (CRG) – Child Support > International Services. Check with Team Leader if unsure how to refer the customer.

Discuss the following with the payee or Overseas Authority:

• explain Child Support is considering deleting their case and removing the outstanding child support from the Register because the case has ended and there is no avenue to collect the debt, that is, Child Support considers the entry is obsolete
• if the case is deleted (deemed obsolete) there will no longer be a debt to Child Support
• for International cases:
• advise the liability will cease to be enforced in Australia but may continue to be owed in the originating jurisdiction
• explain that if the payer or payee return to Australia a new application can be made and if Child Support determine the application is valid, may include any arrears that remain outstanding at that point in time
• ask if either parent is returning to live in Australia in the near future. If the payee advises the payer is returning to Australia, request supporting evidence if available
• for DCM cases, advise that our decision to remove the debt from the Register will not prevent the payee from taking action privately to recover outstanding child support
• ask if they can provide any additional information Child Support should take into account when making the decision

Document information provided by the customer or their representative in a notepad on the Case window and include in the Obsolete Entry submission macro.

If unable to contact the payee or Overseas Authority by telephone, create a unique letter using the Obsolete entry letters macro:

• for DCM cases:
• to the payee - UQ120.00 - S41 DCM Pre Decision, or
• for International cases:
• to the payee - UQ120.02 - S41 International Pre Decision, and/or
• to the Overseas Authority - UQ120.05 - S41 Central Authority Pre Decision
• in the unique letter request the payee/Overseas Authority contact Child Support within:
• 14 days if they have CSAOnline access, see Access and troubleshooting Child Support self service and Using Child Support self service
• 60 days if they are an International customer, or
• 28 days for all other customers

Create a S41 Obsolete Entry Contact Req intray with a due date of 14, 28 or 60 days and record the name and date of the letter in the intray notepad.

Consider any new information provided by the payee or Overseas Authority. An obsolete entry decision is not applicable at this time if:

• Child Support is advised of a possible collection avenue that has not already been considered
• new information indicates a Departure prohibition order (DPO) may be appropriate, or
• there is evidence the payer or payee will be returning to reside in Australia in the near future

Follow up all new information before commencing an obsolete entry submission.

Obsolete entry submissions are made by Service Officers in DCM and some International teams.

For submissions in:

• DCM cases. See Table 3
• International cases, see Table 4

To make an obsolete entry recommendation:

• complete the Obsolete Entry submission macro including:
• a non-pursuit of debt recommendation where there is no current non-pursuit on the case
• a submission to remit or cancel late payment or estimate penalties
• information provided by the customer relevant to the decision
• create a S41 Obsolete Entry intray - see Intray management Cuba Process Help and create a notepad on the intray including:
• the Obsolete Entry submission notepad
• route the S41 Obsolete Entry intray to a Deceased Customer Manager (DCM) APS5

The DCM APS5 makes a decision about:

• the obsolete entry submission
• any other recommendations or submissions within their delegation, including:
• non-pursuit of debt recommendation, where a non-pursuit of debt decision is not current within the last 6 months. Note: non-pursuit delegation levels relate to the total debt amount, not just the maintenance debt. That is, Approvals for Total Debt write off must be actioned for the whole amount and not separate submissions
• submission to remit or cancel penalties

Only authorise remission of penalties and non-pursuit of debt within authorisation level.

Confirm the obsolete entry recommendation is appropriate and the submission complete, checking that:

• the date of death has been confirmed
• the case has ended
• all outstanding actions have been finalised including:
• debt collection information appropriately followed up
• income correction, if required
• outstanding decisions, for example non-agency payments, care change
• all actions in Deceased Child Support customer management have been completed
• appropriate customer contact or contact attempts have been made
• any new information provided by the customer or their representative has been considered
• a non-pursuit of debt decision is current (made less than 6 months ago) or the Service Officer has made a recommendation the case meets the criteria for non-pursuit
• the Service Officer has included a submission requesting penalties be remitted or cancelled
• the reasons for making the recommendation are fully explained in the obsolete entry submission

Based on the investigation make a decision the submission is either:

• incomplete
• refused or
• approved

If the obsolete entry submission is incomplete:

• update the S41 Obsolete Entry intray notepad with the reasons why the submission is incomplete
• contact the Service Officer to provide feedback
• request the Service Officer resubmit the submission once the feedback has been actioned

Go to Step 6.

If the obsolete entry submission is refused:

• record the reasons why the submission is refused in the S41 Obsolete Entry intray notepad
• route the S41 Obsolete Entry intray back to the Service Officer

Go to Step 7.

If the obsolete entry submission is approved:

• document the submission and approval notepad in the Case window
• record the reasons why the submission is approved in the S41 Obsolete Entry intray notepad
• route the S41 Obsolete Entry intray back to the Service Officer who will action the approved submission

If a non-pursuit of debt recommendation was considered process this in-line with Non-Pursuit of individual child support debts.

Go to Step 1 in Table 5.

If the DCM APS5 advises the submission is incomplete:

• action their feedback
• update the submission notepad in the S41 Obsolete Entry intray
• refer the submission to the DCM APS5 again for approval

If the obsolete entry submission is refused by the DCM APS5:

• review the reasons for their decision
• take any recommended follow-up action to recover the debt

Note: where a refusal is disputed, escalate to a Team Leader for further investigation.

To make an obsolete entry recommendation:

• complete the Obsolete Entry submission macro including:
• a non-pursuit of debt recommendation where there is no current non-pursuit on the case
• a submission to remit or cancel late payment or estimate penalties
• information provided by the customer relevant to the decision
• paste the Obsolete Entry submission into a notepad on the Case window
• create a S41 Obsolete Entry intray and create a notepad on the intray including:
• the date the submission was recorded in the Case window notepad
• the name and contact details of business line EL1
• refer the submission to a Service Support Officer (SSO) for review

Confirm the obsolete entry recommendation is appropriate and the submission complete, checking that:

• the case has ended
• all outstanding actions have been finalised including:
• debt collection information appropriately followed up
• income correction (if required)
• outstanding decisions, for example non agency payments, care change
• for International cases:
• a residency decision has been recorded for the payer and payee and neither are residents of Australia
• the outcome of a recent Department of Home Affairs search for both payer and payee has been recorded in each customer’s Payer Collection window
• a non-pursuit of debt decision is current (made less than 6 months ago) or the Service Officer has made a recommendation the case meets the criteria for non-pursuit
• the Service Officer has included a submission requesting penalties be remitted or cancelled
• the reasons for making the recommendation are fully explained in the obsolete entry submission

Note: non-pursuit delegation levels relate to the total debt amount, not just the maintenance debt.

Based on the investigation make the decision the submission is either:

• complete, go to Step 3
• incomplete go to Step 4

If the obsolete entry submission is complete:

• update the submission notepad on the Case window to record the decision
• route the S41 Obsolete Entry intray to the business line EL1 (named in the intray notepad)
• send an email to the EL1 advising their approval is required

Go to Step 6.

If the obsolete entry submission is incomplete:

• update the S41 Obsolete Entry intray notepad with the reasons why the submission is incomplete
• contact the Service Officer to provide feedback
• request the Service Officer resubmit the submission once the feedback has been actioned

If the SSO advises the submission is incomplete:

• action their feedback
• update the submission notepad on the Case window
• refer the submission again for review

Return to Step 2.

The EL1/SES makes a decision about:

• the obsolete entry submission
• any other recommendations or submissions put forward by the Service Officer, including:
• non-pursuit of debt recommendation (where a non-pursuit of debt decision is not current within the last 6 months). Note: non-pursuit delegation levels relate to the total debt amount, not just the maintenance debt. That is, Approvals for Total Debt write off must be actioned for the whole amount and not separate submissions
• submission to remit or cancel penalties

Only authorise remission of penalties and non-pursuit of debt within authorisation level.

If the outstanding child support is above $250,000, email the submission to an appropriately authorised SES officer.

Review the SSO endorsed obsolete entry submission, checking that:

• all actions listed at 2 Review submission (SSO and EL1/SES) have been completed
• appropriate customer contact or contact attempts have been made
• any new information provided by the customer or their representative has been considered
• for International cases, the child support debt arose from an overseas maintenance liability registered in accordance with section 18A of the Child Support (Registration and Collection) Act 1988 (excluding New Zealand ‘In’ cases). The References page contains link to the Child Support Guide 3.6.1: Registrable Overseas Maintenance Liabilities
• all actions have been appropriately documented in a notepad on the Case window
• the submission accurately reflects all relevant information and collection action taken
• a DPO is not appropriate

Based on the investigation, make a decision the submission is either:

• incomplete
• refused, or
• approved

Go to Step 7.

If the obsolete entry submission is incomplete:

• for SES officers, reply to the email referral from the EL1 documenting the reasons for the decision
• for EL1 officers:
• update the submission notepad on the Case window with the reasons for the decision or a copy of the email response from the SES officer (including the complete email history)
• record the reasons why the submission is incomplete in the S41 Obsolete Entry intray notepad
• route the S41 Obsolete Entry intray back to the SSO requesting they action the feedback and resubmit the submission

Go to Step 8.

Submission refused (EL1/SES)

If the obsolete entry submission is refused:

• for SES officers, reply to the email referral from the EL1 documenting the reasons for the decision
• for EL1 officers:
• update the submission notepad on the Case window with the reasons for the decision or a copy of the email response from the SES officer, including the complete email history
• record the reasons why the submission is refused in the S41 Obsolete Entry intray notepad
• route the S41 Obsolete Entry intray back to the SSO

Go to Step 9.

Submission approved (EL1/SES)

If the obsolete entry submission is approved:

• for SES officers, reply to the email referral from the EL1 documenting the reasons for the decision
• for EL1 officers:
• update the submission notepad on the Case window with the reasons for the decision or a copy of the email response from the SES officer, including the complete email history
• record the reasons why the submission is approved in the S41 Obsolete Entry intray notepad
• route the S41 Obsolete Entry intray back to the Service Officer who will action the approved submission

Go to Table 5 Step 1.

If the obsolete entry submission is returned by the EL1/SES as incomplete:

• action their feedback
• update the submission notepad on the Case window
• route the S41 Obsolete Entry intray back to the EL1/SES
• send an email to the EL1 advising their approval is required

Return to Step 6.

If the obsolete entry submission is refused by the EL1/SES:

• advise the Service Officer
• finalise the SSO request

Follow up refused submission (Service Officer)

If the obsolete entry submission is refused by the EL1/SES:

• review the reasons for their decision
• take any recommended follow-up action to recover the debt

Note: where a refusal is disputed, escalate to a Team Leader for further investigation.

When the obsolete entry submission has been approved:

• remit or cancel penalties authorised by the EL1/SES (this must be completed before any arrears are discharged)
• for deceased customers record a special recovery condition of ‘Client Hardship’ with a finalisation date of 31/12/4000
• for International customers, select the Stop mail checkbox on the Client Residency window
• discharge the arrears by amount with the discharge reason:
• for DCM customers, ‘Debt Waived’
• for International customers, ‘Court Order’
• do not send the UQ13.01 - Post discharge of arrears - Payee and UQ13.02 - Post discharge of arrears - Payer letters specified in the Discharge arrears Cuba Process Help. Instead, Go to Step 2

Note: this is an interim processing solution pending a new Cuba functionality to enable the deletion of obsolete entries from the Child Support Register.

Contact the payer and payee or their representative, for example the Executor or Overseas Authority and advise:

• Child Support has made a decision the entry is obsolete
• the outstanding child support has been discharged from the Child Support Register and is no longer owed to or enforceable by Child Support
• if the customer had penalties, advise they have been remitted or cancelled. Note: do not discuss the payer’s late payment or estimate penalties with the payee or the payee’s representative)
• for International customers:
• the debt will cease to be enforced in Australia, however, the liability may continue to be owed in the originating jurisdiction
• if the payer or payee return to Australia a new application can be made to register the liability, including any arrears that remain outstanding at that point in time
• if the payer is deceased, the payee may be able to initiate private action to recover outstanding child support. Advise the payee they should seek legal advice if they wish to pursue this option
• they will receive a letter notifying them of the decision and their objection rights

Create unique letters using the Obsolete entry letters macro.

• for DCM customers:
• to the payer’s Executor - UQ120.01 - S41 DCM Decision
• to the payee - UQ120.01 - S41 DCM Decision
• for International customers:
• to the payer - UQ120.04 - S41 International Decision - Payer
• to the payee - UQ120.03 - S41 International Decision - Payee and/or
• to the Overseas Authority - UQ120.06 - S41 Central Authority Decision . Refer the customer to the International Central Authority Unit to write to the Overseas Authority. Go to Table 11 in Customer Referral Guidelines (CRG) – Child Support > International Services. Check with Team Leader if unsure how to refer the customer

When an obsolete entry has been approved and processes there should be no further changes to child support records in relation to the registration.

Due to system limitations, Cuba does support the deletion of an entry.

An obsolete entry may be incorrectly adjusted if there are subsequent changes to the customers:

• income
• care records, or
• associated cases

If eligibility preconfirmation shows changes to an obsolete case:

• do not save eligibility
• manual liabilities, formula modification, or other work arounds may be needed
• seek SSO support if required

If eligibility has been saved and changes to an obsolete entry have taken effect this is an error.

Address the error in line with the Correcting errors on Child Support cases process.

Note: this is an interim processing solution pending a new Cuba functionality to enable the deletion of obsolete entries from the Child Support Register.