Change in child support care levels 277-03040000

Item

Description

1

Care arrangements directly impacted by COVID-19

A temporary change does not generally result in a change to the care percentage, unless the one-off block of 100% care provisions are met.

Determine:

• if the customer will make up missed care events, and
• what effect this has on the pattern of care

If both parents advise care missed due to COVID-19 will be made up, it is unlikely the care percentage will change.

Note: if there is an ongoing change to the care percentage, revoke the existing care determination and make a new one.

2

Self-isolation for suspected COVID-19

If parents do not expect to make up missed care events, consider:

• the ‘change in pattern of care’ policy set out in The Child Support Guide 2.2.2: Care determinations and changes in care
• the self-isolation period is generally only 14 days

Approximately 98% of COVID-19 tests in Australia are negative. This means self-isolation will generally not lead to quarantine and is unlikely to result in a care change.

In most cases, consider self-isolation as a temporary disruption to care arrangements. There will be no change to the care percentage.

To give customers and Child Support an opportunity to work out if there is a change to a care pattern:

• pend the care change in Cuba, and
• do not make contact with the other parent

Tell the customer it is unlikely a care determination will be made at this time. They must contact within 14 days to advise of any further changes, for example the person self-isolating needs to quarantine.

Tell the customer if they do not advise of any further changes to care within 14 days:

• the period of self-isolation is considered a temporary disruption to care arrangements, and
• the care change will be refused

Customers have objection rights to care determinations, including decisions to refuse the change.

3

Self-isolation (for suspected COVID-19) which then becomes quarantine

Make a one-off block of 100% care decision where:

• Child Support is advised a period of self-isolation has become a period of quarantine
• the total period is likely to be greater than 4 weeks, and
• Cuba has a care change pended

Apply the following:

• the date of notification is the date Child Support was notified or became aware of a period of self-isolation
• the relevant event is the date care did not happen because of the direct impacts of COVID-19. This means the event happened at the start of the self-isolation period

If a decision was already made to refuse to change the care percentages because of self-isolation (as the customer did not provide more details within 14 days) and a period of quarantine happens later:

• escalate to a Program Support Manager (PSM) via a Service Support Officer (SSO)
• the PSM will seek Child Support Program Advice

4

Quarantine for confirmed COVID-19 cases

Where a customer tells Child Support a pattern of care is disrupted due to COVID-19 quarantine:

• check there are no prior decisions about changes to care arrangements due to self-isolation
• if there is a prior decision:
• escalate to a Program Support Manager (PSM) via a Service Support Officer (SSO)
• the PSM will seek Child Support Program Advice

If quarantine (including any period of self-isolation) was more than 4 weeks long or quarantine has not finished:

• make a one-off block of 100% care decision
• the date of notification is the date Child Support was notified or became aware a parent has not had care because of COVID-19 quarantine
• the date of event is the date care did not happen because of the direct impacts of COVID-19. This may be the date a period of self-isolation started (before the quarantine period)

It is likely a temporary disruption and a change has not happened if:

• there have been no previous decisions made
• the quarantine period has finished, and
• the period the child/ren were out of care was less than 4 weeks long

If there is reason to consider a one-off block of 100% care for a period less than 4 weeks, escalate via SSO to PSM, to seek Child Support Program Advice

5

Travel restrictions

Where travel restrictions prevent an established pattern of care continuing and customers will not make up missed care:

• revoke the existing care, and
• make a new care determination

The specific state and territory legislation about travel restrictions and border closures will determine:

• if child/ren can continue to travel from the care of one parent to the care of another, and
• if care arrangements can continue as planned

A care determination cannot be made for a future event. Customers may ask for consideration of a care change where a parent:

• lives interstate, and
• may not have care during future school holiday periods

Tell them to call back when the care change happens or the care event has been missed.

6

Disputed Care

If COVID-19 (illness, quarantine and/or government restrictions) prevents the established pattern of care, consider this a ‘special circumstance’ for the purposes of section 51(5) of the Child Support (Assessment) Act 1989. In these circumstances, where an interim care determination might otherwise have been made, an ‘actual care in special circumstances’ decision will generally be made instead.

Travel restrictions or border closures affecting the ability of a parent to comply with the written care arrangement depends on state and territory laws.

Note: before a disputed care decision is made, the care percentage must have actually changed.

Where care is only impacted by a period of self-isolation (usually 14 days) or the parents agree missed care events will be made up, it is unlikely a change to the care percentage will be made.

7

Further advice and escalations

Program Support Managers (PSM) direct queries to Child Support Program Advice for:

• case specific advice
• assistance, and
• escalation

The Child Support Program Advice team will help make these decisions.

For more information about policy positions or any other COVID-19 related/generated issues:

• escalate to a Service Support Officer (SSO) or PSM
• the SSO/PSM will send queries to Child Support Program Advice for action