Residency decisions for Child Support customers - Specialist Service Officer 277-08310020

A residency decision should be made within 56 days. However, the timeframe will be dependent on whether additional contact with the customers is necessary including sending the questionnaire, if required. Manage the customer’s expectations in line with Customer Management Approach (CMA) for Child Support.

Make a residency decision

• Review and consider the information already provided in the referral or other communication
• If there is not sufficient information to make a decision, further contact may be required

There must be enough information to consider the tests to determine Australian residency and date of effect of the residency decision. The References page contains a link to the Child Support Guide 1.6.1 Australian Residence – Parent or Non-parent Carer.

• If the residency decision being considered is for a payee:
• in an Australian assessment who is now residing in New Zealand, go to Step 2
• on a new registration transmitted to Child Support by a Central Authority, go to Step 3
• If the eligibility of a ‘child’ is being considered in relation to residency, go to Step 4.

Review the information gathered and recorded in the Residency Referral window. Consider if any of the circumstances listed below exist:

• they are a new customer
• no successful contact has been made with the customer for whom the residency decision is being considered
• incomplete information has been gathered for the customer
• it has been more than 6 months since the last contact has occurred, and/or
• conflicting evidence has been received

Do any of the circumstances exist?

• Yes, contact the customer. Send an MX1-1 Request for customer to contact, including, where there is no response, that a decision will be made based on the information held. Use pre-approved text in Letters Cuba Process Help
• No, see Step 1 in Table 3

The country in which the payee is habitually resident in has jurisdiction. For more detailed information the References page contains links to the Child Support Guide:

• 1.5.2: International agreements and conventions and
• 1.6.4: Habitual Residency under the Australia-New Zealand agreement

Advice received

Where Child Support has been advised by the payer, the payee or the Central Authority (in this case NZ) that the payee is residing in New Zealand (NZ) written confirmation must be requested.

If either customer verbally advises the payee is resident of NZ they must be given the opportunity to provide the advice in writing.

Has the payee made contact?

• Yes, confirm the payee habitually a resident of NZ. Once verbal and/or written confirmation has been received to advise the payee is residing in NZ, send a request to NZIR to confirm if the payee is habitually resident of NZ. This is done via the New Zealand daily exchange spreadsheet located on G Drive. The residency decision is applied from the date the first written notification was received from the payer, payee or NZIR. Go to Step 5
• No, contact the payee. All attempts must be made to contact the payee to ask where they believe they are habitually resident of. If the payee is likely to be habitually resident of New Zealand request written confirmation, if not already received. Advise them of their option to apply through New Zealand Inland Revenue (NZIR). The Resources page contains a link to NZIR

If the customer advises they have already applied through NZIR consider Article 7 of the Australia-New Zealand Agreement and whether this will result in an earlier terminating event, usually the day before the NZ assessment commenced. The References page contains a link to Australia-New Zealand Agreement.

Conflicting evidence

If there is conflicting evidence to suggest the payee is not habitually resident of NZ, conduct further investigation.

Note: when processing an article 5 or 7 end, review the formula modifications on all associated Australian assessments to make sure the assessments reflect the NZ cases appropriately.

Example

Written notification is received from NZ on 01 April 2011 that the payee is habitually resident of NZ. Department of Home Affairs however shows that although the customer went to NZ on 01 March 2011 they returned to Australia on 20 March 2011. From this information it does not appear that the customer is habitually resident of NZ.

In some circumstances it may be necessary to request further information from NZIR. If the customer’s habitual residency is unclear, escalate to a Service Support Officer (SSO) for further assistance. See Technical support in Child Support.

See Step 1 in Table 2.

If the Residency Service Officer confirms the payer is no longer habitually resident of Australia, the case is deemed suitable to Return Customer No Longer Habitual Resident. See Residency decisions for Child Support customers.

See Step 7 in Table 2 of New Zealand Case Management - Withdrawals and Returns to NZIR from Child Support.

Where an application has been transmitted to Child Support via a Central Authority contact with the payee may not be possible or the Central Authority itself may be the payee. In these instances, residency status of the applicant will be assumed to be that of the transmitting authority unless there is conflicting evidence.

When making a decision regarding the customer’s residency, consider the information provided:

• in the original transmittal
• by the respondent during the pre-registration
• about the residency of the applicant

Is there any conflicting information/evidence about the customer’s residency?

• Yes, a detailed residency decision may be required. Escalate to an SSO to discuss. See Step 1 in Table 2
• No, the residency of the applicant should be loaded as that of the Central Authority from the date the transmittal was received. Go to Step 9

Child Support is required to confirm eligibility of a child in relation to residency in the following instances:

• the payee’s residency is outside Australia and is in a non-reciprocating jurisdiction either at the point of registration or if it changes during the life of the case
• the child is not in the same country as the parents for example, the child is at boarding school in NZ and the parents are both in Australia, or
• one of the parents is disputing the child’s eligibility

The References page contains a link to the Child Support Guide and relevant legislation.

• To confirm the child is eligible under the Assessment Act, the child must meet the eligibility tests under section 24 of the Child Support (Assessment) Act 1989. They must also meet the residence requirements for a child support assessment. Conditions and requirements are outlined in the Child Support Guide 2.1.2: Eligible child
• Residence requirements for a child do not apply if the payee is a resident of a reciprocating jurisdiction. For more information, see the Child Support Guide 1.6.3: Resident of reciprocating jurisdiction

Is the child automatically eligible?

• Yes, process the residency decision on Cuba. See Residency Cuba Process Help.
• No, the child must meet 1 of the following 3 eligibility tests to be eligible:
• present in Australia, go to Step 6
• a citizen of Australia, go to Step 7
• ordinarily resident, go to Step 8

To determine if a child is/was present in Australia contact the parent who the child is living with and request a Department of Home Affairs search to confirm the details provided by the parent.

Note: the child is only eligible on the day(s) they are present in Australia.

Is the test satisfied?

• Yes, an Australian residency decision can be made for the child. Go to Step 9
• No, consider the next test - A citizen of Australia? Go to Step 6

If there is any conflicting information or a Department of Home Affairs check is not possible, contact the other customer to ask if the child is/was present in Australia during the relevant time period.

If they:

• agree, the test is satisfied, an Australian residency decision can be made for the child. Go to Step 9
• disagree, give both customers the opportunity to provide evidence before making a decision

Make a decision based on the evidence received.

Is/was the child present in Australia?

• Yes, an Australian residency decision can be made, go to Step 9
• No, consider the next test - A citizen of Australia? Go to Step 6

Australian citizenship can be acquired automatically by birth or by adoption

A person born in Australia before 20 August 1986 is an Australian citizen

A person born in Australia on or after 20 August 1986 is an Australian citizen only if:

• the person's parent was an Australian citizen or a permanent resident when the person was born, or
• the person was ordinarily resident in Australia from the day they were born until they were 10 years old

A child who is adopted by 1 or more Australian citizens is an Australian citizen if the child is present in Australia as a permanent resident at the time they are adopted under the law of an Australian state or territory.

Australian citizenship by application

A person who is not an Australian citizen may acquire Australian citizenship by application to the Minister for Immigration.

Losing Australian citizenship

A person ceases to be an Australian citizen if:

• the person renounces their Australian citizenship
• where citizenship was acquired by application, the person's citizenship is revoked by the Minister for Immigration, or
• the person served in the armed forces of a country at war with Australian Government

If at the time the person ceases to be an Australian citizen, that person is also a responsible parent of a child under 18, the Minister may revoke the child's Australian citizenship.

To determine if a child is a citizen of Australia:

• contact the parent who the child is living with to request details
• contact the other customer
• if no conflicting information, a decision can be made
• if conflicting information, give both customers the opportunity to provide evidence and make a decision based on the evidence provided
• conduct a search for the child using the Department of Home Affairs Movements Reconstruction database (MR)

Note: if Department of Home Affairs shows an arrival record, request a PAX card to confirm the details provided by the customers. If Department of Home Affairs shows a departure record prior to 1 July 2017, request a PAX card to confirm the details provided by the customers. Some children have dual citizenship, if this includes citizenship of Australia this satisfies the eligibility of the child.

Is the test satisfied?

• Yes, the child is an eligible child, go to Step 9
• No, consider Ordinarily resident? Go to Step 8

To make a decision about whether the child is ordinarily resident in Australia, use the previously gathered information, particularly the ordinary concepts test. See Step 2 in Table 3.

To determine where the child is ordinarily resident, determine where the child lives day to day.

Example

Payee and child are in Thailand for 3 months, normally live in Australia and go to school in Australia, the child may not be physically present in Australia.

If the child is not physically present in Australia or there is any conflicting information, contact the other customer to ask if the child is ordinarily resident of Australia. If they:

• agree, the test is satisfied. An Australian residency decision can be made for the child, go to Step 9
• disagree, give both customers the opportunity to provide evidence before making a decision

Make a decision based on the evidence received.

Is the test satisfied?

• Yes, the child is ordinarily a resident of Australia, an Australian residency decision can be made, go to Step 9
• No, the test is not satisfied. A residency decision can be made for the country they are normally a resident of. This is generally the country in which the payee is a resident. Go to Step 9

Where there is disagreement, the types of evidence Child Support will accept include:

• the child’s birth certificate
• travel tickets
• Department of Home Affairs search on payer or payee if they have arrived with the child, and/or
• a statutory declaration

Has the residency of the customer changed?

• Yes, determine a date of effect see Step 9 in Table 3
• No, see Table 2

Contact the customer to obtain the necessary information to make a residency decision. Send an MX1-1 Request for customer to contact, advising a decision will be made based on the information held if there is no response.

Depending on the reasons for contact (see Table 1) ask the customer appropriate questions to gather information.

For assistance with the types of questions that may be required, see the Customer advice received by phone section in Residency Referrals for Child Support customers - Domestic Service Officer.

Further questions (not listed at step 2) may be required to obtain the information needed, because this information is required when applying the tests to determine Australian residency.

Note: where it is identified conflicting evidence has emerged, advise the customer that Child Support is following up. Give the customer an opportunity to provide recent information.
Send an MX1-1 Request for customer to contact, advising that if there is no response, a decision will be made based on the information held. Use the pre-approved text in Letters Cuba Process Help

If the payee contacts by phone, confirm disbursement details. See Step 3 in Table 4

If the payer contacts by phone:

• discuss the importance of a correct assessment and updating incomes where new information is available, and
• negotiate payment of overdue child support

Information gathered about the customer’s residency must be documented for payer and payee in the Communication window.

If the customer advises they are a resident of a non-reciprocating jurisdiction, contact with the other customer must be made, go to Step 3.

Contact with the other customer is not required where the customer advises they are a resident of Australia or a reciprocating jurisdiction and there is no contrary information.

If the customer has:

• resided in Australia, see Step 1 in Table 3
• never resided in Australia, see Step 7 in Table 3

Contact with the other customer is required where the residency decision will result in a terminating event. For example, if the other customer is a resident of Germany and the customer's action in leaving Australia will result in a residency decision being made (other than Australia), this will be a terminating event, go to Step 3.

If all attempts to contact the customer have been unsuccessful due to out of date contact details, search to locate a more up to date or different address and contact number, see Customer location (Tracing). The other parent is likely to be the best source of information.

If unable to locate a current or different address and contact number using the above process, send a request to the Residency Team Leader to access Social Media (Facebook and LinkedIn) to search for information.

Send an email to the Residency Team Leader with the customer’s details and reasons for the request to access Social Media. The request will be accepted once the following have been completed:

• All level 1 searches and relevant level 2 searches completed, and tracing action has been taken in accordance with Customer location (Tracing),

and

• The other parent has been contacted to attempt to confirm contact details and location for the parent on tracing

Before documenting any search result in the Collection Window and notifying the Service Officer, the Residency Team Leader must be satisfied the search has identified the correct person. The information gathered must only be either the contact information for the customer or information which may assist in making the decision.

If contact details for the customer have been located, the Service Officer must refer to Customer location (Tracing) and verify the customer's details prior to updating these in Cuba.

If new contact details have been identified, go to Step 1.

Where the customer cannot be contacted, Child Support must be satisfied of where the customer is resident using a combination of other sources to gather additional evidence. Possible combinations include:

• Advice received from a Central Authority that customer is resident in their jurisdiction. In this instance, in the absence of any contrary information, Child Support will be satisfied that they are a resident of that jurisdiction
• Verbal advice from other customer, see the 'Advice received from third party' step in Residency referrals for Child Support customers - Domestic Service Officer
• Credible written evidence from other customer, see the 'Advice received from third party' step in Residency referrals for Child Support customers - Domestic Service Officer
• Requesting a Department of Home Affairs search if the customer:
• is arriving in Australia, see the External searches guide to request a customer's passenger (PAX) card detail, or
• departed Australia before 1 July 2017, see the External searches guide to request a customer's passenger (PAX) card details
• Google information may assist with a customer’s location, for example, search confirms the customer is employed at a University in California through the University's website
• Search results from Electronic White Pages, see the External searches guide
• Search results from Social Media (Facebook and LinkedIn)

Reliability of the evidence must be considered and assessed including where the evidence has come from and the age of the evidence. This should form part of the information used to decide what weight a piece of evidence should have. Also appropriate follow up on leads is required to support future decisions. A lead includes information obtained via Google, EWP or Social Media.

Prior to utilising information located via Social Media, Service Officers must verify its authenticity. The information gathered may not be used as the sole evidence for a decision, however may be utilised to corroborate information provided via other sources.

If contact is unsuccessful, go to Step 3.

If making a residency decision on a payee, Cuba will automatically apply the decision to any children of the case. This means if the decision is that the payee is a resident of a non-reciprocating jurisdiction, a residency decision must be made on the children. See Step 4 in Table 1.

If the residency decision is likely to result in a terminating event, customer contact must be attempted by phone.

Attempt one phone contact to the other customer to advise of a possible residency decision and give them an opportunity to provide any relevant information.

If phone contact is not successful, send an MX1-1 Request for customer to contact, seeking input and advising a decision will be made based on the information held if there is no response. Use pre-approved text in Letters Cuba Process Help.

For more information, see Terminating events (Stage 2).

The References page contains a link to the Child Support Guide 2.10.3: Terminating events.

If attempts to contact the other customer are unsuccessful send the Residency Questionnaire and covering letter by mail to the other customer. Allow the customer time to respond, see Standard response times The Resources page contains a link to the Residency Questionnaire.

Create a Residency Questionnaire Sent intray, adjust the due date accordingly.

Document all conversations, contact attempts and information gathered in the Communication window for both payers and payees.

If the non-travelling customer is able to provide contact details for the travelling customer for whom the residency decision is being made, obtain as much information about the travelling customer circumstances as possible.

For example, ask the other customer:

• why they believe the other parent lives in the particular country
• what links the other parent has to the particular country, and
• how long has the other parent been in the particular country, etc

If the non-travelling customer is able to provide information that the travelling customer lives in a reciprocating jurisdiction, request evidence to support their claim.

Document all conversations, contact attempts and information gathered in the Communication window for payers and the Communication window for payees.

If the other customer:

• disagrees with the facts or there is contrary evidence, go to Step 6
• agrees with the facts provided by the customer, make a decision

If the customer:

• has resided in Australia in the past, see Table 3
• has never resided in Australia, see Step 7 in Table 3

Where Child Support has gathered information from more than 1 source and there is conflicting information, make reasonable attempts to clarify conflicting information.

Contact both customers and give them the opportunity to provide further evidence, to support the information they have provided.

Send an MX1-1 Request for customer to contact, seeking input.

Examples of evidence Child Support will accept include:

• visa applications
• work contracts, and/or
• rental agreements

Child Support must make a decision based on the evidence received.

Where no conclusive information or evidence has been received Child Support must still make the best possible residency decision by applying the tests using the information and/or evidence available below, see Table 3. Child Support cannot refuse to make a residency decision where there is no conclusive information and/or evidence.

If the customer has never resided in Australia see Step 7 in Table 3. Otherwise see Step 1 in Table 3.

Use the information and evidence provided to determine if the customer is a resident of Australia. If the customer is a resident of Australia under any of these tests, then the customer is deemed a resident of Australia. No further tests need to be considered.

Note: Child Support uses the same tests as the ATO but is not bound by ATO private rulings for individual taxpayers. This means that a customer may be referred to as a non-resident by the ATO but not by Child Support. Child Support is required to make a decision using the facts and evidence it has gathered to determine if a customer is a resident of Australia for Child Support legislation.

The first test is to determine if the customer is resident of Australia under the ordinary concepts test. If the customer is deemed to be a resident of Australia under this test no further tests are required.

If a person has always lived in Australia and continues to live in Australia they will be resident of Australia under ordinary concepts.

Examples of Australian residency under this test are:

• A person who usually resides in Australia but is overseas on holidays continues to be an Australian resident during their absence
• A migrant who comes to Australia intending to reside here permanently is a resident from arrival

For more detailed information, the References page contains a link to The Child Support Guide 1.6.1: Australian residence parent or non-parent carer, see the Resides in Australia section.

Note: non-resident entering Australia, where a person who was not previously a resident of Australia enters Australia, Child Support will consider whether the person has become a resident of Australia according to the ordinary meaning of resident or the statutory 183 day test. See Step 6.

Does the customer satisfy the ordinary concepts test?

• Yes, a residency decision can be made, go to Step 9
• No, up to 3 secondary tests must be completed to determine if the customer is a resident of Australia. Go to Step 3

To satisfy the superannuation test the customer or their spouse must be, a current Commonwealth Government employee, and:

• an eligible employee under the Superannuation Act 1976 (Commonwealth Superannuation Scheme - CSS),or
• a member of the superannuation scheme established under the Superannuation Act 1990 (Public Sector Superannuation Scheme - PSS)

The superannuation test does not deem a person who is a member of the Public Sector Superannuation Accumulation Plan Scheme (PSSap) created by the Superannuation Act 2005, to be a resident of Australia.

For example, Delphi is a resident of Australia because they are working for the Department of Foreign Affairs and Trade and a member of the PSS Scheme. This is despite having been posted to Thailand for a period of 3 years. This is because Delphi is a current Commonwealth Government employee and is a member of PSS.

Customer David is married to Zahra. Zahra works for the Department of Foreign Affairs and Trade, is eligible under the CSS and is posted to the USA. Consequently, Zahra is a resident of Australia under the superannuation rule despite working and living in the USA. David is also a resident of Australia because he is Zahra’s spouse.

For more detailed information, see References for a link to The Child Support Guide 1.6.1: Australian residence parent or non-parent carer - search for the Superannuation test section.

Note: only a small number of customers will meet this test.

Has the customer satisfied this test?

• Yes, a residency decision can be made, go to Step 9
• No, go to Step 4.

There are 2 steps to this test:

• determine the customer’s domicile, and/or
• determine the customer’s permanent place of abode

Domicile

A person’s domicile is acquired at birth (domicile of origin at birth). This is the domicile of their parents.

A customer will have adopted a new domicile if they can demonstrate an intention to make their home indefinitely in another country either by choice or operation of law. For example, the customer has obtained a migration visa with the intention to remain in that country.

For more detailed information, see References for a link to The Child Support Guide 1.6.1: Australian residence parent or non-parent carer - search for the Domicile section.

If the customer’s domicile is outside Australia, the domicile test is not satisfied, go to Step 7.

If the customer’s domicile is Australia, their permanent place of abode must be considered, see Permanent place of abode below.

Note: domicile can be difficult to determine without information from the customer.

If:

• contact with the customer has not been possible
• there is a possibility that the customer’s domicile is Australia, and
• there is insufficient information available to consider making a decision on domicile

consideration of permanent place of abode should be applied.

Permanent place of abode

A permanent place of abode does not have to be ‘everlasting’ or ‘forever’. A customer who intends to return to live in Australia in the foreseeable future can still set up a ‘permanent place of abode’ elsewhere.

To determine the customer’s permanent place of abode, consider the following factors:

• what is the intended and actual length of the customer’s stay in the overseas country
• does the customer intend to return to Australia at some definite point in time or to travel to another country
• has the customer established a home outside Australia
• has the customer abandoned their residence or place of abode in Australia
• what is the duration and continuity of the customer’s presence in the overseas country, and
• what is the durability of the customer’s association with a particular place in Australia

The weight to be given to each factor will vary with individual circumstances of each case and no single factor is conclusive.

For more detailed information see References for a link to The Child Support Guide 1.6.1: Australian residence parent or non-parent carer - search for Permanent place of abode.

If attempts to contact the customer have been unsuccessful, there is insufficient information to determine a permanent place of abode and the customer’s domicile is Australia, go to Step 5.

Has the customer established a permanent place of abode in another country?

• Yes, go to Step 7
• No, they remain a resident of Australia, go to Step 9

Do not use the information in the bullets below if contact with the customer is possible or sufficient information from other sources is available.

This process must be considered only if an informed decision is not possible. Adequate attempts to gain information to apply all other tests should have been made.

SSO support must be sought where a default decision is being considered.

If customer left Australia on or after 1 July 2017 no departure card information will be available.

Where customer contact is unsuccessful and there is no other information available other than the customer’s date of departure, use the dot points below, to make a default decision regarding a customer’s residency.

• Length of time customer has been outside Australia: 6 months to less than 2 years
• Default position = Australian resident
• Default start date in Cuba = Day before departure
• Length of time customer has been outside Australia: 2 years+
• Default position = Not Australian resident
• Default date of effect = Day of departure

If the customer left Australia before 1 July 2017 use the information contained on a customer’s passenger (PAX) card obtained via a Department of Home Affairs search. See the External searches guide. Apply the points below to make a decision regarding a customer’s residency.

Use the following bullets as the default residency decision where customer contact is unsuccessful.

• Length of intended stay: 6 months to 2 years
• Reason for departure = Any
• Default position = Australian resident
• Default start date in Cuba = Day before departure
• Length of intended stay: 2 years+
• Reason for departure = Visiting friends or relatives/Exhibition/Holiday/Conventions/Conference
• Default position = Australian resident
• Default start date in Cuba = Day before departure
• Length of intended stay: 2 years+
• Reason for departure = Employment/ Business/Education/Other
• Default position - Not Australian resident
• Default date of effect - Day of departure
• Length of intended stay: Permanently
• Reason for departure = Visitor or temporary entrant departing/Australian resident departing permanently
• Default position = Not Australian resident
• Default date of effect = Day of departure
• Length of intended stay: Nominated date of return has expired and customer has now been out of Australia for more than 2 years
• Reason for departure = Any intention
• Default position = Not Australian resident
• Default date of effect = Day of departure

Example

A customer left Australia on 1 February 2010. The customer’s PAX card stated their departure was temporary and they would be going for 10 months. The purpose being 'business'. The customer has only been out of Australia for 7 of the 10 months at the time the residency decision is being made. Using the points above and the information on the customer’s PAX card, the default position is that the customer is resident of Australia. The date of effect is the day before the customer left Australia, that is 31 January 2010.

By using the information above, is the customer deemed to be a resident of Australia?

• Yes, go to Step 9
• No, consideration must be given to where the customer is a resident. Due to the limited information available in cases where the default position is being used, an ‘unknown’ residency decision may result, go to Step 7

This test is not required for any customer who has left Australia. The test only needs to be considered for customers who previously resided overseas and are now in Australia.

Under this test, a person is a resident of Australia if they are actually present in Australia for more than half the Australian financial year, whether continuously or intermittently, unless:

• the person’s usual place of abode is outside Australia, and
• the person has no intention to take up residence in Australia

For more detailed information, see References for a link to The Child Support Guide 1.6.1: Australian residence parent or non-parent carer - search for Permanent place of abode.

It is necessary to determine where a customer is a resident if the decision is they:

• are no longer a resident of Australia, or
• have never been resident in Australia

Child Support must consider if the customer is a resident of:

• a reciprocating jurisdiction or
• of a non-reciprocating jurisdiction
• a jurisdiction other than Australia if they usually live there on an ongoing basis. This is referred to as being ‘habitually a resident’ in the overseas country

Using the information gathered, to determine what country the customer is a resident of, the following factors must be considered:

• The customer’s intention or purpose of presence in the reciprocating jurisdiction and any other country
• The customer’s family and business/employment ties in the reciprocating jurisdiction and any other country
• The location of the customer’s assets and the arrangements they have made to maintain them
• The customer’s social and living arrangements in the reciprocating jurisdiction
• The period the customer has been physically present in the reciprocating jurisdiction

Note: where a customer’s permanent place of abode in a specific country has been established, this is where they are habitually a resident.

For more detailed information, see References for a link to the Child Support Guide 1.6.3: Resident of reciprocating jurisdiction.

After weighing up all the factors, a decision can be made in relation to a customer’s residency.

If satisfied that the customer is a resident of a jurisdiction, a residency decision can be made, go to Step 9.

If contact with the travelling customer has been unsuccessful, go to Step 8.

See Contact with Child Support customers.

If customer contact has not been successful, Child Support must consider if there is enough information available to determine where the customer is habitually a resident.

In order for Child Support to determine a customer is habitually a resident of a specific jurisdiction it must be satisfied that it is more likely than not that a customer is habitually a resident of a specific jurisdiction.

Information provided by the other customer and any other sources must be weighed up to consider if there is enough information to determine a customer is a resident of a specific jurisdiction.

Factors such as the source and age of the information must be considered.

If not satisfied that the customer is a resident of a jurisdiction a residency decision of ‘unknown’ must be made. This includes:

• where there is no information to indicate where the customer is currently residing, and
• if the other customer is not able to provide any evidence to support that the customer is resident of a jurisdiction
• Go to Step 9

Has it been determined that residency has changed?

• Yes, apply a date of effect. Consider:
• the primary factor that established the change and
• when the change in circumstance occurred to determine the date of effect
• No, for example, the parent continues to be an Australian resident despite leaving the country:
• there will be no date of effect
• to allow processing in Cuba, a start date must be used. The start date to use in Cuba is the day before departure

When determining the date of effect, consider the evidence gathered during the residency decision making process.

Relevant information may include:

• when the customer considered that their residency changed
• the date the customer arrived in the new country of residence (where the customer has multiple movements, consideration may need to be given to more than just the last movement date), and/or
• if a customer was only moving to the new country temporarily but then stayed, was there a specific change in circumstances (such as a new employment contract, a change of relationship status or accommodation arrangements) that could indicate a date their intention and residency changed

The weight to be given to each factor will vary with individual circumstances of each case and no single factor is conclusive.

Use the Residency Decision macro to record the reasons for the date of effect used as part of the decision.

Note: when making a residency decision at pre-registration and only 1 case is involved, the date of effect of the residency decision must be the same date as the Start Date of Liability (SDOL). If there are multiple cases, all the relevant factors will need to be considered in determining the appropriate date of effect. If a default position has been applied as part of Step 5 the default date of effect as per the bullet points should be applied.

When the date of effect of a residency decision pre dates the SDOL or an existing residency decision, a correcting errors submission may be required.

Once the date of effect or the start date if no change in residency has occurred has been determined record the decision in Cuba.

The decision is actioned by recording the residency details in the Client Residency window. See Residency Cuba Process Help.

Countries that Cuba does not recognise

If the customer is a resident of Albania or Andorra do not select them from the dropdown menu in the Client Residency window.

Cuba does not recognise these countries as reciprocating jurisdictions.

Select Vatican City instead. This ensures that case eligibility is not impacted by the residency decision.

If the customer is a resident of North Macedonia choose Macedonia from the dropdown menu in the Client Residency window.

Use the Residency Decision macro to record the decision including the outcomes of applied tests. Document in the notepad on the Client Residency window.

When the residency decision is made (or authorised if necessary), run eligibility. See Eligibility Cuba Process Help.

Service Officers must:

• delete the overpayment letters which will generate automatically when the residency decision takes effect. The overpayment letters generate overnight and must be deleted the following day, see Letters Cuba Process Help, and
• follow the process in Child support overpayments and other payee debt

If the case is a NZ 'In' case and it is determined that the payer is no longer habitually a resident in Australia, notify NZIR of their potential return. See Customer referral guidelines for Child Support staff.

The effect of a residency decision depends on a number of factors including the type of liability the case is based on and the residency status of the other customer and children.

If the type of liability the customer’s case is based on is:

• a child support assessment, go to Step 3
• an overseas maintenance liability, go to Step 4, or
• an Australian court order, go to Step 5

If the case has previously been transmitted to an Overseas Authority (excluding New Zealand) for collection and the determination is that the payer is now a resident of Australia, a withdrawal must be sent to the Overseas Authority. An International Stakeholder Follow Up intray must be created and routed to the Central Authority team none pool to be actioned. In the intray, document that a withdrawal is required.

At the point of registration, the effect of a residency decision will result in the application being refused where:

• the payer is a resident of a non-reciprocating jurisdiction or an excluded jurisdiction
• the application has been received directly from the applicant who is likely to be the payee and is a resident of a reciprocating jurisdiction (the application must come through a Central Authority)
• neither parent is a resident of Australia, or
• the child is not an eligible child of the application

For more detailed information, see Applications for a Child Support assessment. For further information, see References for links to The Child Support Guide 2.1.1: Applications for assessment and 2.1.2: Eligible child.

For residency decisions made with a date of effect after the SDOL the case will end where:

• both parents cease to be resident of Australia:
• where both parents ceased to be resident on or after 19/07/2007 the terminating event occurs on the date the last customer ceased to be resident of Australia, or
• where both parents ceased to be resident prior to 19/07/2007 the terminating event occurs on 19/07/2007
• the payer becomes a resident of a non-reciprocating jurisdiction
• the child ceases to be an eligible child
• the payee becomes habitually a resident in New Zealand. Under the terms of the Australia-New Zealand Agreement, the date from which the assessment will end is:
• where either the payee, the payer or the Central Authority gives a notice in writing that the payee is habitually a resident in New Zealand - the day before the receipt of that written notice, or
• where a New Zealand child support assessment is made in relation to the same parents and child/ren - the day before the start date of the New Zealand assessment

For more detailed information, see Terminating events (Stage 2). Also see References for a link to The Child Support Guide 2.10.3: Terminating events.

Decisions made with a date of effect after the end date of a case will not affect the eligibility of the case.

Residency decisions can also affect the income rules to be applied in an assessment. For more detailed information, see Income processing for Child Support customers (international parents). Also see References for a link to The Child Support Guide 2.4.4: Child support income.

If a terminating event occurs on a Third Party Case, for example, 1 parent ceases to be a resident of a reciprocating jurisdiction, update the Relationship window. This ensures Cuba uses the correct formula for the case.

Go to Step 6.

At the point of registration, the effect of a residency decision will be that the application is refused where:

• the payer or payee is a resident of a non-reciprocating jurisdiction, or
• the application has been received directly from the applicant who is likely to be the payee and is a resident of a reciprocating jurisdiction (the application must come through a Central Authority)

For more detailed information, see Registration of overseas maintenance liabilities (excluding NZ). See References for a link to The Child Support Guide 3.6.2: Registering overseas maintenance liabilities for collection.

For residency decisions made with a date of effect after the SDOL the case will end where:

• both parents cease to be resident of Australia:
• where both parents ceased to be resident on or after 19/07/2007 the terminating event will be the date the last customer ceased to be resident of Australia, or
• where both parents ceased to be resident prior to 19/07/2007 the 18/07/2007 will be the last date the case will be active
• the payer or payee is deemed to be a resident of a non-reciprocating jurisdiction

For more detailed information see Terminating events (Stage 2). Also see References page for links to the Child Support Guide 3.6.2: Registering overseas maintenance liabilities for collection and 2.10.3: Terminating events.

Decisions made with a date of effect after the end date of a case will not affect the eligibility of the case.

Note: if both parents have ceased to be resident of Australia and collection avenues have been exhausted, the debt may be considered obsolete.

Go to Step 6.

Residency will not affect the eligibility of an Australian Court Order.

Go to Step 6.

Write to the customer for whom the decision has been made and advise them of the decision. Delete CUBA letter if appropriate and create Unique letter outlining decision.

If the customer is the payee and they have moved overseas, outline disbursement options for their payments.

Ensure payments by cheque are forwarded as quickly as possible:

• email the International Disbursements Team
• include the title ‘Payee now overseas’ and add the payee’s CSID

If residency decision has resulted in a terminating event:

• customer contact with Centrelink may be required to discuss impacts
• the customer may have option to seek a court order for child support and must seek legal advice
• impacts on collection, even if case continues, if payer is overseas

If the customer is the payer and the case will continue and/or if there are arrears:

• contact the other customer and advise them of the decision
• issue Cuba letter if appropriate or create unique letter outlining decision

If the residency decision has caused an overpayment, advise both customers as required in Child support overpayments and other payee debt.

Send a notice of the decision to the customers, go to Step 7.

Letters generate when Cuba identifies changes to the residency status of:

• one parent
• both parents, or
• the child/children of the case

Check all letters to ensure each letter is correct.

If Cuba does not generate a letter or generates an incorrect letter:

• delete from Cuba and
• issue a unique letter to customers using the following templates, see Letters Cuba Process Help

Terminating event decision letters

RES 1-3 Your Australian Child Support case has ended

Issue the following letters if the cases have ended due to:

• both parents no longer being residents of Australia:
• issue a UQ44.06 - Your Australian Child Support case has ended - Both Parents letter, or
• residency status of a paying parent:
• issue a UQ44.08 - Your Australian Child Support case has ended - Payer letter, and
• issue a UQ44.07 - Your Australian Child Support case has ended - Payee letter, or
• child’s citizenship/residency:
• manually issue a UQ44.06 - Your Australian Child Support case has ended - Both Parents letter to both parents from the Letter Details window after the case has been ended due to a terminating event. See Customer Record Cuba Process Help.

No change - Child Support Collect

If there are no changes to the Child Support collect case issue a:

• UQ44.02 - Review of Residency status - No changes to your Child Support - to both letter

No change - Private Collect

If there are no changes to the Child Support private collect case issue a:

• UQ44.02 - Review of Residency status - No changes to your Child Support - to both letter

No change - Child's residency/citizenship

If there is no change to the Child Support case issue a:

• UQ44.00 - Child Residency status review - both letter to both parents.

Payee habitually resident in New Zealand

If the payee is a habitual resident of New Zealand:

• issue a UQ44.09 - Habitual Residency decision - Australian Child Support case ended - Payee
• issue a UQ44.10 - Habitual Residency decision - Australian Child Support case ended - Payer

Manually create a unique letter to send with the questionnaire that best fits the customer’s circumstances, either:

• Residency Questionnaire - Helping to determine the other parent's residency, or
• Residency Questionnaire - Helping to Determine your Residency

The Resources page contains links to the questionnaires.