Administering agreements and court varied assessments (CVA) lodged post 1 July 2008 that include pre and post 1 July 2008 periods 277-02010050

This procedure is for all agreement types:

• binding
• limited, and
• binding lump sum

The agreement needs to be lodged as two separate agreements within Cuba to enable the appropriate fields for the separate periods.

The agreements must be lodged in the specific order:

• First, load the agreement to run from start date to 30/6/2008
• Second, load the agreement to run from 1/7/2008 to end date

Record the details of the 1st agreement from the specified start date to 30/06/08.

In the Case/Registration window:

• Select Application Type of Stage 2 Agreement
• Lodgement Date: as 30/06/2008 (using any lodgement date after 30/06/2008 will cause CUBA to apply the post 1 July legislation)
• Start Date: the commencement date specified in the agreement
• Mailroom Date: the date the agreement was received by Child Support Program (CSP)
• End Date: as 30/06/2008

On the Additional Registration Information window:

• Made On Date: as 30/06/2008
• Centrelink Approval Status section: will display. 'Complete these details as per the current Centrelink approval process'

Enter in all remaining details of the agreement as required, always using an End Date of 30/06/2008.

Run eligibility and save the 1st agreement registration to Pending.

Complete this step before registering the 2nd agreement.

Record the details of the 2nd Agreement from the start date of 01/07/2008 to the specified end date.

On the Case/Registration window:

• select application type of Stage 2 Agreement
• Lodgement Date: 01/07/2008
• Start Date as the commencement date specified in the agreement
• Mailroom Date: date the agreement was received by CSP
• End Date: the end date as specified in the agreement

On the Additional Registration Information window:

• Made On Date: date the agreement was signed by both parties
• Agreement Rate Approval section: will display. ‘Complete these details as per the new CSP agreement approval process’

Enter in all remaining details of the agreement as required, always using a Start Date of 01/07/2008.

Approve the annual rate for the agreement from 01/07/2008.

Send the agreement with an end date of 30/06/2008 to Centrelink for approval.

When providing details to Centrelink for approval, future payments may need to be considered if they will be applied against the liability for periods prior to 1 July 2008.

When Centrelink approval has been received, both agreements can be finalised. The 1st agreement must be finalised prior to the 2nd agreement to ensure the correct provisional notional assessment is issued.

If:

• an application to court has been made after 1 July 2008 for an order that child support be paid other than by way of periodic amounts, and
• the application is for a period that spans 1 July 2008

the court must apply the pre 1 July 2008 legislation for the period before 1 July 2008, and must apply the post July 2008 legislation in making orders for the periods from 1 July 2008. A court may, therefore, make different orders in relation to the periods prior to 1 July 2008 and from 1 July 2008.

CSP will generally assume that a court order has been properly made and must process the court order accordingly.

Both these types of orders are approved by a Program Support Manager (via SSO).

CVAs will be loaded as per the court order(s).

Example 1

The parents, Sue & Peter, have a CSP collect child support case that started in 2001. Sue & Peter provide CSP with a signed and sealed court order on 01 September 2008, which covers the period 01 April 2008 to 01 April 2011. As the period spans 1 July 2008 and one order has been provided to CSP, the order should be loaded onto Cuba as one court order.

Example 2

The parents, Helen & Bob, have a private collect child support case that started in 2003. Helen & Bob provide CSP with two signed and sealed court orders on 15 August 2008, one order covers the period 01 January 2008 to 30 June 2008, the other, 01 July 2008 until the children turn 18. These orders will need to be loaded onto Cuba separately as they are two separate orders.

For assistance, see Court varied assessment (CVA) including lump sum orders.

If the CVA is a section 124 court order that reduces the assessment, a provisional notional assessment will need to be manually generated once the CVA is progressed to a status of accepted.