Care objections 277-09170010

Did the customer lodge the objection by phone?

• Yes, go to Step 2
• No, treat the objection the same as any other objection. See Review objection

Did the customer lodge their objection within the relevant timeframe?

• Yes, go to Step 3
• No, see Child Support objection received out of time – Extension of time and Special Circumstance application. Procedure ends here

Encourage the customer (including non-mutual customers) to lodge their objection with the service delivery area that made the original decision.

Note: if the customer is objecting to the revocation date of the care decision, not the date of effect, Child Support must make the objection decision. They do so, even if Centrelink made the original decision. The customer is objecting to the particulars of the assessment, not a care percentage decision. They must object in writing.

Is the customer a mutual customer?

• Yes, go to Step 4
• No, go to Step 6

Check if Centrelink are conducting a review. Check either the External Information window or the Care window.

Is Centrelink conducting a review?

• Yes, go to Step 5
• No, go to Step 6

The External Information window will display as APPL in the Type field if Centrelink are conducting:

• an Authorised Officer Review (ARO) or
• a Secretary initiated review (SIR/ODM)

If this is unclear from the Cuba records, check Centrelink systems and/or refer via the Centrelink CSP information exchange macro to confirm the original decision review status:

• SIR will display as Level ODM and with an outcome of Change (C). Note an outcome of No Action (N) means no SIR was completed
• ARO review will display as Level ARO

If Centrelink is conducting a review for the same care percentage decision and the original decision was made by:

• Centrelink:
• encourage the customer to lodge their objection with Centrelink
• offer to warm transfer the customer to Centrelink
• if the customer decides to lodge the objection with Child Support, advise the customer Child Support must apply the SME or ARO review decision against the child support assessment
• the objection can’t be progressed until the review decision is finalised see Table 3, Step 4
• Child Support:
• Child Support should make the objection decision
• offer to warm transfer the customer to Centrelink to discuss with the Centrelink officer that Child Support is conducting an objection because they made the original decision
• ask the customer if they want to withdraw their review request with Centrelink
• Go to Step 7

If the original care percentage decision was made by:

• Centrelink:
• tell the customer how the decision affects their child support assessment
• warm transfer the customer to Centrelink (once any other Child Support business is finalised)
• give the Centrelink officer the details of both parties to the assessment. This includes the child/ren involved and all the care decisions the customer would like to object to
  Note: Centrelink must confirm that Child Support has conducted an identity check for the non-mutual customer. They must also locate the mutual customer in ISIS (Centrelink customer data base) before they can take the call.
• Procedure ends here
• Child Support, go to Step 7

Load care objections into the Objection Maintenance window while the customer is on the phone. Document the information in real time using the Objections first contact macro.

Discuss with the customer:

• the relevant care percentage decision to which they are objecting
• their concerns about the original decision and what they hope to achieve by lodging an objection
• clarification of information previously discussed with the decision maker or other Service Officer
• confirmation of their intention to lodge an objection
• the objections process, including Child Support open exchange of information policy.
• administrative options available to resolve their concerns
• evidence that can be used to establish the claims must be factual and helpful
• only ask for evidence relevant to the decision being objected to, which may include:
• day care sign in sheets,
• appointments or events the parent attended with the child,
• calendar entries showing care details,
• statements from third party individuals confirming dates and times of care
  Note: the applicant should have sought permission from that third party before sending these to child support.
• If Centrelink made the care decision, gather and review the evidence used in the decision
• possible outcomes, including potential contrary or adverse decision
• the option to withdraw the objection at any time before the decision has been finalised. If the applicant wants to withdraw the objection, explain:
• it is their choice to withdraw the objection
• they cannot request an AAT review of a withdrawn objection as no decision has been made
• the other party may lodge their own objection. If the other parent has already lodged their own objection and does not want to withdraw, the objection will continue
• there is a cooling off period of 48 hours before finalising the application as ’withdrawn’ in Cuba
• they must contact the Objections Service Officer within 48 hours to change their decision about withdrawing their objection
• they can re-object at any time if objecting to a care percentage decision. This includes the date of event of a care change. However, if the respondent objects outside the relevant timeframe any change to the care percentage will only apply to the assessment from the date the customer lodged the objection. This is unless there were special circumstances making the respondent unable to lodge an objection earlier

When recording an objection to a care decision over the phone:

• read the summarised information back to the customer
• ask if they agree this reflects the grounds of their objection
• ask if they would like to receive a copy of the grounds of their objection in writing
• do not add additional content not relevant to the objection unless the customer provides this content

If the customer lodges the objection outside the relevant timeframe, ask them if any special circumstances made them unable to lodge an objection earlier.

If special circumstances exist, ask for evidence to support their claims. This will help determine the date of effect should the objection be successful. See Child Support objection received out of time – Extension of time and Special Circumstance application.

If the customer has not given enough evidence during the discussion, ask them to provide more information or documentation. Set a timeframe for them to provide the information. Ensure the customer has the correct fax number and/or address. Ensure they know they can provide supporting documentation using the myGov online service.

The macro will generate and send an objection letter.

Go to Step 9.

Taking a Care Objection by phone results in real-time redaction. The Service Officer taking the objection can decide not to record possible FDV content. This is not a decision that the objection is not properly made. E.g., if a customer used obscene language that was deemed offensive while lodging an objection, the Service Officer is unlikely to document that content as part of the objection.

Use judgement while taking a Care Objection by phone to identify possible FDV content. Focus on the grounds relevant to the decision, filtering out irrelevant content.

Reading the grounds of their objection back to the customer ensures all the necessary and relevant content is recorded before it is accepted.

Contact the respondent/s to the objection to provide them with the opportunity to respond. Refer to Child Support Objections to determine appropriate contact requirements based on the customer’s individual circumstances.

Note: there may be more than one respondent, e.g., in a case involving a non-parent carer. Write to the respondent if the first contact attempt is unsuccessful then continue contact attempts by phone.

If there is no reasonable basis to conclude that the decision may be wrong advise the respondent:

• the objection is likely to be disallowed
• that all relevant information will be considered before making the objection decision
• if further relevant information or evidence becomes available which may increase the likelihood of the objection being allowed, the respondent will be provided with an opportunity to comment

Use the Objection First Contact macro to document the respondent discussion, including:

• that an objection has been received
• the decision the objection relates to
• the grounds for the objection
• any concerns the respondent may have with the decision
• the applicant may withdraw their objection at any time before the decision has been finalised
• if the respondent wants to ensure an objection decision is made, they may consider lodging a separate objection to the same decision. This will enable the full merit review to continue even if the applicant elects to withdraw their objection. They can object at any time, however, if they object outside the 28-day timeframe (90 days for customers in reciprocating jurisdictions) they will need to request an extension of time for the objection to proceed. If the objection is about a care percentage decision and they object outside the 28/90 day timeframe any change to the care percentage will only apply to the assessment from the date the objection was lodged unless there were special circumstances
• administrative options available to address the respondent's concerns
• the objection process, including open exchange of information. See Open exchange of information for Child Support customers
• evidence required to establish any claims of the applicant and/or respondent
• encouraging a verbal or written response in the shortest possible timeframe advising customer of option to complete the Responding to an Objection form (CS4243). The Resources page contains a link to this form
• if the customer indicates difficulties in providing a timely response, advise they have a maximum of 28 days from the date they receive a copy of the objection to provide their response (90 days if either of the customers is living in a reciprocating jurisdiction)
• possible outcomes of the objection, including potential contrary or adverse decision
• ask if the customer would like to receive a copy of the objection in writing
• Minimum Collection Activity if appropriate. See Common and specialised activities for Child Support staff

If required, use the Objection letters macro to generate either the:

• 'acknowledgement of objection' (no extension of time) text or
• 'acknowledgement of objection' (with extension of time) text

Paste the relevant 'acknowledgement of objection' respondent text into an MX01 - Unique letter.

Attach to the letter:

• a copy of the objection letter generated in Step 7 in accordance with open exchange of information
• any additional relevant information provided with the objection
• a summary of additional claims or reasons discussed with the applicant, if applicable

Update the Objection Maintenance window notepad to reflect the letters sent.

For information about care percentage decisions, see Table 2.

For information on how to finalise a Centrelink review and/or a subsequent AAT review, see Table 3.

To continue with the objection process go to Gather evidence relating to Child Support objections.

For care percentage decisions made after 1 July 2010 (3 March 2011 for WA ex nup) a new care determination can only be made where the existing determination can be revoked. The new care determination starts the day after the existing care determination is revoked.

An existing care determination will be revoked when:

• the new care percentage determination would change the cost percentage and any interim care period has ended
• one of the parents:
• was previously assessed to have at least regular care of the child, and
• is now determined to have less than regular care, despite the other parent making the child available
• the new determination:
• would cause a change to the existing care percentage but not the cost percentage, and
• any interim care period has ended

The Social Services Legislation Amendment (Child Support and Family Assistance Technical Amendments) Act 2024 has changed the interim/disputed care rules.

• The Department of Social Services (DSS) have updated the Child Support and Family Assistance guides
• This change means Service Officers can again apply interim care periods when making interim/disputed care decisions, if appropriate for the circumstances. The new rules apply to care changes that occur on or after 29 March 2024
• If care changed before 29 March 2024, an interim/disputed care decision can only be made if it is the first care decision for the child
• It also means that when the new interim/disputed care rules apply, a principal carer decision and percentage of care recorded for an Income Support Payment (ISP) should once again align to the care used (in most circumstances) for:
• Family Tax Benefit (FTB), and
• Child Support
• Services Australia has received DSS confirmation on how to manage internal reviews, (e.g., objections and Authorised Review Officer (ARO) reviews) involving interim care. Staff must escalate these matters as follows:
• Child Support objections where an interim care period has been applied from a date before 29 March 2024 – escalate to Integrated Care, who must make a decision in line with the law as it applied at the time of the event. E.g., interim care decisions can only be made if it is the first care decision for Child Support or FTB, even if the objection is made on or after 29 March 2024
• Integrated Care staff will:
• continue to manage all potential interim/disputed care decisions for both Child Support and FTB
• escalate any cases where the care decision has impacted the customer's ISP, where appropriate
• For formal reviews of Family Assistance decisions where interim care may be relevant, AROs must continue to get advice on a case-by-case basis through the Level 2 Policy Helpdesk

If a person lodges the objection within the relevant timeframe, the objection decision will replace the original care percentage decision. Note: allow up to 12 days extra for postal service times.

If the customer lodged the objection outside the relevant time frame, the customer may ask Child Support to consider special circumstances that made them unable to lodge the objection earlier. See Child Support objection received out of time - Extension of time and Special Circumstance application.

Use the letter issued by Child Support as the first date on which the customer notified of the decision. This applies even when Centrelink made the original care decision. Centrelink only notify their customers in writing in very limited situations. They do not notify the other party of the outcome of an original care decision if that person is not receiving FTB for the child.

The first notification of a care decision a customer receives will most likely be the Child Support letter. The customer may indicate that Centrelink notified them before they received the first letter from Child Support. If this occurs, that date is the date of notification instead.

From 1 July 2018, a care suspension period may apply if a customer advises a change in care:

• outside of 28 days, but
• within 26 weeks of the care change.

For more information see Notification of change in child support care from 1 July 2018 (15 May 2019 for WA Ex-nuptial cases).

Note: care suspension periods do not apply to WA Ex-nuptial children if the Agency was notified of the care change before 15 May 2019.

If a customer lodges an objection outside the relevant timeframe and there are no special circumstances, the objection decision applies from the date the customer lodged the objection.

This applies even if the care determination from the objection would otherwise change the decision about suspension of the assessment.

If a customer lodges an objection outside the relevant timeframe and there are no special circumstances and the original care determination:

• suspended the assessment, the objection decision will apply from the date the customer lodged the objection. This still applies if the care determination from the objection would not have suspended the assessment. The suspension period will remain unchanged
• did not suspend the assessment, the objection decision will apply from the date the customer lodged the objection. Even if the care determination from the objection would result in a suspension period if it had been the original decision, a suspension will not be applied. There is no period when all parents/cares have less than 35% care in the assessment

See the Child Support Objections Resources page for examples of care suspension periods and objections.

From 1 July 2018, a care terminating event will occur if:

• Services Australia is notified of a care change more than 26 weeks after the date of event, and
• as a result of the care change the care level for all carers reduces below 35%.

For more information, see Notification of change in child support care from 1 July 2018 (15 May 2019 for WA Ex-nuptial cases).

Note: care terminating events do not apply to WA Ex-nuptial children if the Agency was notified of the care change before 15 May 2019.

If a customer lodges an objection outside the relevant timeframe and there are no special circumstances, apply the decision from the date they lodged the objection. This is the case, even if the care determination from the objection would otherwise change the decision about the terminating event.

If:

• an objection is lodged outside the relevant timeframe, and
• there are no special circumstances, and
• the original care determination:
• terminated the assessment, the objection decision will apply from the date the customer lodged the objection. This applies, even if the care determination from the objection would not have caused the assessment to terminate. The new care determination will have no effect until a new application for child support is made and accepted. If a new application for child support assessment has been made and accepted subsequent to the assessment terminating, the objection care determination will apply from the date the customer lodged the objection
• did not cause a care terminating event, the objection decision will apply from the date the customer lodged the objection. There will not be a period greater than 26 weeks where all eligible carers ceased to be eligible carers. That is care reduced below 35%

See the Resources page for examples of care terminating events and objections.

When Centrelink makes a review decision for a mutual customer, Child Support must apply that decision to the child support assessment.

Apply care percentage objections or review decisions made for mutual customers to:

• the Child Support assessment, and
• Family Tax Benefit (FTB) entitlement record.

When Centrelink have made the decision a Care - Review of Decision Rcvd intray will generate. This happens when:

• an Authorised Review Officer (ARO) or a Secretary initiated review decision has been finalised
• an AAT first review of a Centrelink decision has been finalised
• an AAT second review of a Centrelink decision has been finalised

For more information see the Table 4 in Cuba intrays Cuba Process Help.

Instances when the Care - Review of Decision Rcvd intray does not generate

Child Support may become aware that a Centrelink review of a care percentage or an AAT review of a Centrelink decision has been finalised without an intray generating. Investigate and apply the decision to the Child Support assessment following the same processing steps.

If a non-mutual customer requested a review or appeal and/or there is no record in CUBA, ask for the date the review was lodged with Centrelink/the AAT. See Centrelink - Child Support information exchange for more information.

The review decision will take effect from the date the original decision took effect.

The exception will be if the review decision changes the date of event. In that case, apply the new date, as determined by the review.

If the customer makes an application for an AAT first review of a Centrelink decision within the relevant timeframe, the AAT decision will apply from the date the original decision took effect.

Using the unique letter function in Cuba, update the following letter templates with the appropriate information:

• UQ51.05 - Care Objection percentage decision - Applicant
• UQ51.06 - Care Objection percentage decision - Respondent

Send the letter to the customers.

See Table 4 in Make decision and finalise Child Support objection for information about updating the date these letters were sent in Cuba.

See the Table 1 in Letters Cuba Process Help, and Objections Cuba Process Help.

The review decision will take effect from the date the review was requested or the Secretary initiated review was decided:

If the application for AAT first review of a Centrelink decision was made outside the relevant timeframe of the customer being notified of the review decision, the AAT first review decision will take effect from the date the AAT first review was requested. The customer who applied for the Centrelink review or a subsequent AAT review can request Child Support to consider special circumstances. Special circumstances cannot be considered for a Secretary initiated review of decision. See the References for more information about relevant policy.

Create a unique letter using pre-approved text UQ51.03 - Objection to care percentage review - Applicant. Address it to the customer who requested the Centrelink internal review or the subsequent AAT review. See Standard response timeframes to determine the appropriate due date.

A customer may wish to discuss a special circumstances application for the review. Warm transfer the customer to Objections. They will review the special circumstances and make a decision, see Table 2. Finalise the decision for these cases within 28 days of the applicant asking Child Support to consider special circumstances.

If a customer does not contact Child Support within the specified time to lodge a special circumstances application, finalise the care records by:

• applying the Centrelink review, or
• the subsequent AAT first review decision from the date the customer applied for the review.

Advise both customers when a decision about special circumstances is made. Also advise them of their AAT appeal rights in writing. See:

• UQ51.07 - Care objection decision date of effect - Applicant
• UQ51.08 - Care objection decision date of effect – Respondent

Child Support must still make an objection decision if:

• a Centrelink review is in progress for the same care percentage decision, and:
• the customer has not withdrawn their Child Support objection

However Child Support is unable to change the care percentage determined by the Centrelink review. 'Hold' the objection until the outcome of the review is known.

When Centrelink finalise the internal review of a care percentage decision, apply the care percentages determined by the Centrelink review to the child support assessment. This is subject to the date of effect requirements, in Step 2 in Table 2. At the same time, finalise the pending Child Support objection.

Inform both parties about the objection outcome by sending an MX14-1 Outcome of objection (non-NAP) letter with the relevant output from the Objections statement of reasons macro attached. For more information, refer to Instructions for finalising SOR with duplicate care decisions located on the Resources page.