section 48, Percentage of Care - simplified outline
section 49, Determination of percentage of care - responsible person has had no pattern of care for a child
section 50, Determination of percentage of care - responsible person has had a pattern of care for a child
section 51, Percentage of care if action taken to ensure that a care arrangement in relation to a child is complied with
section 51 - section 53, Does not apply in certain circumstances
section 53A, Meaning of interim period
section 53B, When a person has increase care of a child
section 54, When a person has reduced care of a child
section 54A, Working out actual care, and extent of care, of a child
section 54B, Days to which a percentage of care applies if section 51 and section 52 did not apply in relation to a responsible person
section 54C, Days to which the percentage of care applies if 2 percentage of care apply under section 51, In relation to a responsible person
section 54D, Rounding of a percentage of care
section 54F, Determination must be revoked if there is a change to the responsible person’s cost percentage
section 54FA, Suspension of determination before the end of the maximum interim period if there is a change to the responsible 2 person’s cost percentage
section 150F, Care suspension period

The following sections of the Child Support (Assessment) Act 1989 (the Act) revoke the previous care percentage:

section 54F, revokes existing care where the new care percentage will affect the cost percentage
section 54G, revokes existing care in Below Regular care decisions. Defines Below Regular care retrospective powers
section 54H, revokes existing care where the new care percentage will not affect the cost percentage

Note: sections 54FA and 54HA suspend, rather than revoke, the previous actual care determination for the first change of care during the maximum interim period. Subsequent changes of care within the maximum interim period are subject to sections 54F and 54H.

All new care decisions are then made under one of the following 2 sections of the Act:

section 49, the person's care percentage is 0%, or
section 50, the person's care percentage is anything other than 0% (that is 1% - 100%)

Interim care decisions are made under the following sections of the Act:

section 51, the actual care differs from the care arrangement and the person with reduced care is taking reasonable action to ensure the care arrangement is complied with. S51 also applies to actual care in special circumstances where a parent is withholding care due to a substantial risk to the wellbeing of the child. Examples include:

withholding essential medical care from the child
substantially failing to comply with legal schooling requirements
neglecting the child's basic needs

section 53, must also be considered when making an interim care decision

the change in care is notified after the end of the maximum interim period
the care percentage decision made in relation to the care arrangement has been revoked (that is, the care arrangement does not apply), or

a previous interim care determination has been made in respect of the care arrangement
section 53A, sets out when interim periods start and end, including when later interim periods begin if the person with increased care stops taking 'reasonable action'

Child Support (Registration and Collection) Act 1988, section 80A, Objections against care percentage decisions may be lodged

A New Tax System (Family Assistance) Act 1999

section 5, Interpretation - definitions

change of care day
family dispute resolution
increased care of a child
interim period
maximum interim period
percentage range
takes reasonable action to participate in family dispute resolution

section 21, When an individual is eligible for family tax benefit in normal circumstances
section 22, When an individual is an FTB child of another individual
section 23, Effect of FTB child ceasing to be in individual's care without consent
section 24, Effect of certain absences of FTB child etc from Australia
section 25, Effect of an individual's percentage of care for a child being less than 35%
section 25A, Regular care child for each day in care period
section 26, Only one member of a couple eligible for family tax benefit
section 29, Eligibility for family tax benefit of separated members of a couple for period before separation
section 31, Continued eligibility for family tax benefit if an FTB or regular child dies
section 32, Eligibility for a single amount of family tax benefit if an FTB or regular child dies
section 35A, Determination of percentage of care - child is not in the adult's care
section 35B, Determination of percentage of care - child is in the adult's care
section 35C, Percentage of care if action taken to ensure that a care arrangement in relation to a child is complied with
section 35E, Application of section 35C in relation to claims for family tax benefit for a past period
section 35F, section 35C does not apply in certain circumstances
section 35FA, Meaning of interim period
section 35G, Percentage of care if claim is made for payment of family tax benefit because of the death of a child
section 35GA, When an individual has increased care of child
section 35H, When an individual has reduced care of a child
section 35J, Working out actual care, and extent of care, of a child
section 35K, Days to which the percentage of care applies if section 35C did not apply in relation to an individual etc.
section 35L, Days to which the percentage of care applies if 2 percentage of care apply under section 35C in relation to an individual
section35M, Rounding of a percentage of care
section 35N, Guidelines about the making of determinations
section 35P, Determination must be revoked if there is a change to the individual's shared care percentage etc.
section 35PA, Suspension of determination before the end of the maximum interim period if there is a change to the individual’s shared care percentage
section 35Q, Secretary may revoke a determination of an individual's percentage of care
section 35QA, Suspension of determination of an individual’s percentage of care before the end of the maximum interim period
section 35R, Secretary may revoke a determination relating to a claim for payment of family tax benefit for a past period
section 35S, Guidelines about the revocation of determination
section 35T, Percentages of care determined under the child support law that apply for family assistance purposes
section 35U, Reviews of percentages of care under child support law apply for family assistance purposes
section 58, Rate of family tax benefit
section 59, Shared care percentages where individual is FTB child of more than one person who are not members of the same couple
section 62, Effect on individual's rate of the individual's absence from Australia
section 63, Effect on family tax benefit rate of FTB child's absence from Australia
section 63AA, Regular care child's absence from Australia - meaning of absent overseas regular care child
section 63A, Secretary may extend 6 week period of absence from Australia
Schedule 1-Family tax benefit rate calculator

Family Assistance (Administration) Act 1999

Part 3 - Payment of family assistance

Subdivision A - Making claims

section 5, Need for a claim
section 6, Who can claim
section 7, How to claim
section 7A, Bank account details or statement to be provided for claims for family tax benefit by instalment to be effective
section 8, Tax file number requirement to be satisfied for claims for family tax benefit by instalment or for a past period to be effective
section 9, Restrictions on claims for payment of family tax benefit by instalment
section 10, Restrictions on claims for payment of family tax benefit for a past period

Subdivision B - Determination of claims etc

section 25, Obligation to notify change of circumstances
section 25A, Secretary's power to approve a manner of notification

Subdivision C - Variations of determinations

section 28A, Variation of instalment entitlement determination where estimate of an amount is not reasonable
section 29, Variation of instalment entitlement determination where failure to provide information
section 31, Variation to instalment entitlement determination to reflect changes in eligibility
section 31E, Continuous adjustment of daily rate of family tax benefit
section 32, Notice of variation of determination

Part 5 - Review of decisions

section 108, Decisions that may be reviewed under s109A
section 109A, Review of certain decisions may be initiated by applicant
section 109D, Review Applications - time limits applicable to review of certain decisions
section 109E, Date of effect of certain decisions relating to payment of family tax benefit by instalment
section 109F, Withdrawal of review applications
section 109G, Secretary may continue payment etc. pending outcome of application for review
section109H, Notification of further rights of review
Part 5, Division 6 - Date of effect of reviews under the child support law

Social Security Act 1991

section 500D, PP Child
section 5, Family Relationships definitions - children
section 5(15), Principal Carer
section 5(18), Only one person at a time can be the principal carer of a particular child
section 5(20), the Secretary may make a principal carer decision even if the adults have not claimed a social security payment
section 5(20D), The Secretary must give a copy of the determination to each member of the couple

Amendments from 1 July 2010

Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010
Disclosure of personal/protected information
Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010 regarding shared care
Family Assistance and Child Support Legislation amendment (Protecting Children) Bill 2017

Delegations and authorisations

Child Support Services, Delegations and Authorisations.

APS 3 or above

An APS 3 or above is authorised to:

determine a care percentage where a person has had, or is likely to have:

no pattern of care for a child (0% care) (s49)
a pattern of care for a child (more than 0% care) (s50)

revoke an existing care percentage determination where a new care percentage determination under section 49 or section 50:

would affect the cost percentage (s54F)
does not affect the cost percentage but would affect the care percentage (s54H)

Except where:

the care percentage is to be determined:

for a period where a person unexpectedly gains 100% care of the child for a specific period (one-off block of 100% care)
is not based on the number of nights a child is in the care of a person during a care period (hours in care)
is made as part of a section 51 interim care determination
in relation to a change of care that is notified within the maximum interim period of an interim care determination

APS 4 or above

An APS 4 or above is authorised to:

make decisions authorised at the APS 3 level
determine a care percentage for a period where a person unexpectedly gains 100% care of the child for a specific period (one-off block of 100% care)
make a decision that the care that is actually occurring for a child does not comply with an existing care arrangement that applies in relation to that child and the person who has reduced care of the child is taking reasonable action to ensure that the care arrangement is complied with (s51)
make a determination of actual care that is notified within the maximum interim period of an interim care determination
determine that section 51 does not apply in relation to a responsible person in relation to whom a determination is to be, or has been, made under section 49 or section 50(s53)
determine the day on which an interim period begins and ends (s53A)
suspend earlier (initial interim care) determination pursuant to section 49 or section 50 for the purposes of section 51(4) - (s54FA(2) & (s54HA(2))
revoke suspension of determination under section 54FA(2) and revoke any care determination made as a consequence of that suspension - (s54FA(3) & s54HA(3))
revoke earlier (initial interim care) determination pursuant to section 49 or section 50 for the purposes of section 51(4) and any suspension of that determination under section 54FA(2) - (s54FA(4)(a) and section 54HA(4)(a))
revoke determination made during the suspension of an earlier determination under section 54FA(2) - (s54FA(4)(b) and section 54HA(4)(b)) revoke an existing care determination where a person was previously determined under section 50 to have at least regular care of a child and, despite the child being made available, the person has had no care or a pattern of care that is less than regular care (s54G)

Note: most revocation decisions where care falls below regular care will actually be made under section 54F.

Except where:

the care percentage is not based on the number of nights a child is in the care of a person during a care period (hours in care)
special circumstances exist in relation to the child to allow a single percentage of care to be determined (s51(5))

APS 5 or above

An APS 5 or above is authorised to:

make decisions authorised at the APS 3 and APS 4 levels
determine a care percentage where the care percentage is not based on the number of nights a child is in the care of a person during a care period (hours in care)
determine that special circumstances (Actual Care in Special Circumstances) exist in relation to the child to allow a single percentage of care to be determined (s51(5))
determine the day on which an interim period ends, in the event that special circumstances (Actual Care in Special Circumstances) exist in relation to the child (s53A(1) Item 6, column 3

Note: sections 54F, 54FA 54G, 54H and 54HA apply only where a new determination of a responsible person's care percentage has been made under sections 49 and 50. The decision maker must be authorised under sections 49 and 50 to make a new care determination even where the authorisation to revoke the existing care determination is at a lower level.

An officer at a lower level may still carry out the preliminary steps in making care decisions with the support of their team leader. An officer with the appropriate level of authority makes the final decision.

Operational Information

Integrated care - Notification and recording of change in care 277-03060010

Policy

Child Support

Centrelink

Legislation

Delegations and authorisations

APS 3 or above

APS 4 or above

APS 5 or above