Child Support objection received out of time – Extension of time and Special Circumstance application 277-09170060

Does the objection relate to a care decision?

• Yes, see Table 3
• No, go to Step 2

Enter the date the original decision was made into the extension of time calculator.

The extension of time (EOT) calculator will automatically add an additional 12 business days to the relevant time frame to allow for postage.

Check the date the objection was received to determine whether an EOT is required.

For further information, the References page has a link to the Child Support Guide: 4.1.5: Extension of time to lodge objections.

Is the objection received outside the relevant time frame?

• Yes, see Table 2
• No, procedure ends here

Does the objection relate to a care decision?

Yes, see Table 3

No, go to Step 2

Did the customer include a written application for an EOT with their objection?

• Yes, go to Step 3
• No, go to Step 4

Has the customer given enough information in their written application to make a decision about an EOT?

• Yes, go to Step 7
• No, go to Step 4

Within 2 business days of receiving the objection, make 3 outbound contact attempts on all available numbers to:

• tell them an EOT is required, or
• ask for more information if their written request did not explain their circumstances clearly

Send a pre-call SMS to help contact the customer.

Was contact successful?

• Yes, go to Step 6
• No, send an MX0-1 Unique letter using the UQ50.02. Request call re Objection grounds or EOT – Applicant letter to invite the applicant to apply for an EOT. See Standard response times

Has the applicant replied to the UQ50.02 letter within the standard response time?

• Yes, go to Step 6
• No, the objection will be unsuccessful because it is out of time with no reasonable grounds for extension of time. Go to Make decision and finalise Child Support objection.

If initial contact with the applicant was by phone, either outbound or inbound:

• advise the objection was lodged outside the required timeframe and can only be considered if an EOT application is made and granted
• offer to take a verbal EOT application over the phone, and
• advise that the respondent may be contacted as part of the EOT process

Using the Objection First Contact macro to document the conversation, ask the applicant for details of the circumstances that led to the objection being lodged late.

Document the customer’s circumstances and reasons in their own words. Read the document back to the customer and ask for confirmation that their reasons have been correctly documented.

When making a decision on an EOT application, consider:

• the reasons for the delay and whether the applicant took action to make Child Support aware the decision was being contested
• whether granting the EOT will cause prejudice to the other party, including difficulties providing evidence as a result of the delay
• the merits of the objection, and
• whether granting the EOT will cause prejudice to the general public, such as:
• the fairness in granting an extension of time to the applicant when compared to other persons in a similar position, and
• possible implications for income tested pensions, allowances or benefits

For information about the facts to consider in making an extension of time decision, the References page has a link to the Child Support Guide: 4.1.5: Extension of time to lodge objections.

If considering granting the EOT, give the respondent an opportunity to respond to the information being taken into account.

Make 3 outbound contact attempt on all available numbers over 3 business days.

If phone contact is unsuccessful, go to Step 9.

Finalise EOT applications within 7 business days where possible. Legislatively, a decision must be made within 60 days (120 days if the applicant is a resident of a reciprocating jurisdiction). A customer may apply to the AAT for review of the refusal of their EOT decision. See Extension of time (EOT) review lodged against Child Support decisions.

• To grant the request, go to Step 10
• To refuse the request, go to Step 11

If the EOT is granted, contact the applicant to inform them of the outcome. Use this opportunity to request additional evidence to support their objection if required and:

• complete the:
• UQ50.01 – Objection EOT granted – decision template
• acknowledgement of objection (with extension of time) data in the Objections Letters macro
• copy and paste the:
• applicant text generated from the Objections letter macro into a MX0-1 Unique letter and attach the EOT report. Send to the applicant
• generated from the Objections letter macro into a MX0-1 Unique letter. Send to the respondent
• update the Objection Maintenance window to show the EOT is accepted and copy the Granted EOT report into a new notepad with the subject heading 'EOT granted'. Documentation Cuba Process Help, Create or pend a new note
• update the objection maintenance window to show the respondent right of response letter has been issued by inputting the 28 day response due date

Procedure ends here. See Review objection to continue with the objection.

If the objection is not properly made due to the objection being out of time and an extension of time application was made and refused:

• make 3 contact attempts within 48 hours to the applicant only
• complete the:
• UQ50.03 Objection EOT refused template
• acknowledgement of objection (with extension of time) letter in the Objections Letters macro
• in an MX0-1 Unique letter:
• copy and paste the applicant text generated from the Objections Letters macro, and
• attach the EOT refused template
• send to the applicant
• in the Objection Maintenance window:
• update to show the EOT is refused, and
• copy the Refused EOT Report into a new notepad with the subject heading ‘EOT refused’
• if the respondent has not been advised of the EOT application and cannot be disadvantaged by its refusal, do not send them a copy of the letter or report
• if the respondent has been notified of the EOT:
• copy and paste the respondent text generated from the Objections advice/EOT macro into an MX0-1 Unique letter
• send to the respondent
• update the objection maintenance window to finalise the objection as ‘Invalid-other’
• take follow up action in accordance with the Customer Management Approach (CMA) for Child Support
• make sure the file has all the relevant documents listed in the objections file checklist and has been batch filed according to the Objection Electronic file management toolkit

The objection will be made invalid. See Make decision and finalise Child Support objection.

From 1 July 2010, objections to care percentage decisions with date of event on or after 1 July 2010 are not subject to the extension of time rules that apply to all other objections. See Creating an objection table for information about recording a ‘special circumstances’ application.

Child Support can make a determination that special circumstances prevented the customer from lodging an objection or requesting a review with Centrelink within 28 days of notification of the original decision (or 90 days if the person resides in a reciprocating jurisdiction).

In determining whether the customer lodged their objection within 28 days, use the Extension of Time (EOT) calculator macro.

Determining the date the customer was notified of the care percentage decision

Always use the letter issued by Child Support as the first date on which the customer is notified of the decision, even when Family Assistance made the original care decision. Family Assistance only give written notification to their customers in limited situations.

Family Assistance do not notify the other party of the outcome of an original care decision if that person is not receiving FTB for the child. Therefore, the first notification of a care decision a customer may receive is more likely to be the Child Support letter.

If the customer confirms that Child Support notified them of the decision before the date of the original decision letter from Child Support, for example, they were notified first by phone, the date of the phone call is the date of notification.

If a customer makes a special circumstances application, decide whether it is appropriate to extend the lodgement period. If required ask the customer for more information about the special circumstances. If the customer cannot be contacted by phone, issue letter UQ50.02 - Request call re-Objection grounds or EOT - Applicant.

• If successful, the objection or an application for Centrelink review can then be deemed to have been received within the extended timeframe for lodgement
• The customer may object to multiple decisions regarding multiple care periods. Determine whether special circumstances exist for each decision
• If considering granting Special Circumstances, contact the respondent to give them an opportunity to respond to the information being taken into account

Consider the information and available evidence to determine if special circumstances exist.

Examples of special circumstances may include that the parent:

• was seriously ill or had an accident that stopped them from lodging an objection
• suffered a personal trauma such as a death in the family or a natural disaster that caused damage to the parent’s property
• had communication difficulties because of, or including, isolation, illiteracy or poor English-language skills, and/or
• reasonably relied upon inaccurate or misleading information

Has the customer established special circumstances?

• Yes, go to Step 3
• No, go to Step 4

If special circumstances exist, decide whether to extend the lodgement period.

Consider:

• if extending the period for lodgement will prejudice the other parent. For example, will an extension that results in an earlier date of effect for the objection decision create a significant overpayment or arrears of child support?
• whether the applicant made any efforts to:
• lodge the objection earlier
• communicate to Child Support or Centrelink that the decision was being contested, or
• raised their concerns in other ways. For example, a complaint to Centrelink, Child Support or the Ombudsman

Is it appropriate to extend the lodgement period?

• Yes, go to Step 5
• No, go to Step 4

The objection or review by Centrelink will affect the child support assessment from the date the customer lodged their objection or request for review if:

• there are no special circumstances which stopped the customer from lodging their objection within the prescribed timeframe, or
• it is not appropriate to extend the lodgement period

Update the special circumstances in the Objection Maintenance window and record the outcome. See Objections Cuba Process Help.

Proceed to Make decision and finalise Child Support objection.

Any change of care resulting from the objection will take effect from the date the original decision was made. To finalise the objection, see:

• Make decision and finalise Child Support objection, and
• Objections Cuba Process Help, Viewing and updating an objection record.

See Child Support Objections > Resources page for an example.