s48, Percentage of Care - simplified outline
s49, Determination of percentage of care - responsible person has had no pattern of care for a child
s50, Determination of percentage of care - responsible person has had a pattern of care for a child
s51, Percentage of care if action taken to ensure that a care arrangement in relation to a child is complied with
s52, Percentage of care if action taken to make a new care arrangement in relation to a child
s53, s51 and s52, do not apply in certain circumstances
s54, When a person has reduced care of a child
s54A, Working out actual care, and extent of care, of a child
s54B, Days to which a percentage of care applies if s51 and s52 did not apply in relation to a responsible person
s54C, Days to which the percentage of care applies if s51 or s52 applied in relation to a responsible person
s54D, Rounding of a percentage of care

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

s54F, revokes existing care where the new care percentage will affect the cost percentage
s54G, revokes existing care in Below Regular care decisions. Defines Below Regular care retrospective powers
s54H, revokes existing care where the new care percentage will not affect the cost percentage

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

s49, the person's care percentage is 0%, or
s50, the person's care percentage is anything other than 0% (i.e. 1% - 100%)

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

s51, 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

s52, the actual care differs from the care arrangement and the person with reduced care is taking reasonable action to seek a new care arrangement which is more than actual care but less than the existing care arrangement, and there are special circumstances. In this context, special circumstances refer to situations where the parent could not continue to have the previous level of care. Examples include:

serious medical problems relating to the child or parents
one parent has moved a substantial distance away from their previous home without making care arrangements with the other parent for the child

s53, must also be considered when making an interim care decision in that if special circumstances apply, the interim period can be extended from 14 weeks up to a maximum of 26 weeks. Special circumstances in this context include situations out of the ordinary where the resolution of care issues are delayed. For example, a parent may have travelled overseas with a child without the consent of the other parent

Child Support (Registration and Collection) Act 1988

s80A, Objections against care percentage decisions may be lodged

A New Tax System (Family Assistance) Act 1999

s21, When an individual is eligible for family tax benefit in normal circumstances
s22, When an individual is an FTB child of another individual
s23, Effect of FTB child ceasing to be in individual's care without consent
s24, Effect of certain absences of FTB child etc from Australia
s25, Effect of an individual's percentage of care for a child being less than 35%
s25A, Regular care child for each day in care period
s26, Only one member of a couple eligible for family tax benefit
s29, Eligibility for family tax benefit of separated members of a couple for period before separation
s31, Continued eligibility for family tax benefit if an FTB or regular child dies
s32, Eligibility for a single amount of family tax benefit if an FTB or regular child dies
s35A, Determination of percentage of care - child is not in the adult's care
s35B, Determination of percentage of care - child is in the adult's care
s35C, Percentage of care if action taken to ensure that a care arrangement in relation to a child is complied with
s35D, Percentage of care if action taken to make a new care arrangement in relation to a child
s35E, Application of s35C and s35D in relation to claims for family tax benefit for a past period
s35F, s35C and s35D do not apply in certain circumstances
s35G, Percentage of care if claim is made for payment of family tax benefit because of the death of a child
s35H, When an individual has reduced care of a child
s35J, Working out actual care, and extent of care, of a child
s35K, Days to which the percentage of care applies if s35C and s35D did not apply in relation to an individual etc
s35L, Days to which the percentage of care applies if s35C or s35D applied in relation to an individual
s35M, Rounding of a percentage of care
s35N, Guidelines about the making of determinations
s35P, Determination must be revoked if there is a change to the individual's shared care percentage etc
s35Q, Secretary may revoke a determination of an individual's percentage of care
s35R, Secretary may revoke a determination relating to a claim for payment of family tax benefit for a past period
s35S, Guidelines about the revocation of determination
s35T, Percentages of care determined under the child support law that apply for family assistance purposes
s35U, Reviews of percentages of care under child support law apply for family assistance purposes
s58, Rate of family tax benefit
s59, Shared care percentages where individual is FTB child of more than one person who are not members of the same couple
s62, Effect on individual's rate of the individual's absence from Australia
s63, Effect on family tax benefit rate of FTB child's absence from Australia
s63AA, Regular care child's absence from Australia - meaning of absent overseas regular care child
s63A, 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

s5, Need for a claim
s6, Who can claim
s7, How to claim
s7A, Bank account details or statement to be provided for claims for family tax benefit by instalment to be effective
s8, Tax file number requirement to be satisfied for claims for family tax benefit by instalment or for a past period to be effective
s9, Restrictions on claims for payment of family tax benefit by instalment
s10,- Restrictions on claims for payment of family tax benefit for a past period

Subdivision B - Determination of claims etc

s25, Obligation to notify change of circumstances
s25A, Secretary's power to approve a manner of notification

Subdivision C - Variations of determinations

s28A, Variation of instalment entitlement determination where estimate of an amount is not reasonable
s29, Variation of instalment entitlement determination where failure to provide information
s31, Variation to instalment entitlement determination to reflect changes in eligibility
s31E, Continuous adjustment of daily rate of family tax benefit
s32, Notice of variation of determination

Part 5 - Review of decisions

s108, Decisions that may be reviewed under s109A
s109A, Review of certain decisions may be initiated by applicant
s109D, Review Applications - time limits applicable to review of certain decisions
s109E, Date of effect of certain decisions relating to payment of family tax benefit by instalment
s109F, Withdrawal of review applications
s109G, Secretary may continue payment etc. pending outcome of application for review
s109H, Notification of further rights of review
Part 5, Division 6 - Date of effect of reviews under the child support law

Social Security Act 1991

s500D, PP Child
s5, Family Relationships definitions - children
s5 (15), Principal Carer
s5 (18), Only one person at a time can be the principal carer of a particular child
s5(20), the Secretary may make a principal carer decision even if the adults have not claimed a social security payment
s5(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

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 parent has had, or is likely to have, no pattern of care for a child (0% care) (s49)
determine a care percentage where a parent has had or is likely to have 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 s49 or s50 would affect the cost percentage (s54F)
revoke an existing percentage care determination where a new care percentage determination under s49 or s50 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 one parent unexpectedly gains 100% care of the child for a specific period (one-off block of 100% care)
determine a care percentage where the care percentage is worked out other than on the basis of the number of nights a child is in the care of a person during a care period (hours in care)

APS 4 or above

An APS 4 or above is authorised to:

make any of the decisions authorised at the APS 3 level
determine a care percentage for a period where a parent 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 is in force for that child and the person who has reduced care of the child has taken reasonable action to ensure that the care arrangement is complied with (s51)
revoke an existing care determination where a person was previously determined under s50 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 s54F.

except where:

the care that is actually occurring for a child does not comply with an existing care arrangement that is in force for that child, and the parent who has reduced care of the child is seeking a new care arrangement that provides more care than the person is actually having but less than the care provided by the existing care arrangement, and special circumstances exist (s52)
determine a care percentage where the care percentage is worked out other than on the basis of the number of nights a child is in the care of a person during a care period (daytime care)

APS 5 or above

An APS 5 or above is authorised to:

make any of the decisions authorised at the APS 3 and APS 4 levels
make a decision that the care that is actually occurring for a child does not comply with an existing care arrangement that is in force for that child, and the person who has reduced care of the child is seeking a new care arrangement that provides more care than the person is actually having but less than the care provided by the existing care arrangement and special circumstances exist (s52)
determine an interim care period where the care period is between 14 and 26 weeks (i.e. special circumstances apply) (s54C(4))
make a decision that a section 51 or 52 determination can be made despite the change of care day occurring more than 14 weeks ago, due to special circumstances. (i.e. extend the notification period up to 26 weeks in special circumstances)
determine a care percentage where the care percentage is worked out other than on the basis of the number of nights a child is in the care of a person during a care period (hours in daytime care)

Note: sections 54F, 54G, and 54H 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, as long as an officer with the appropriate level of authority makes the final decision.

Operational Information

WA ex-nuptial child support cases - Integrated Care 277-18052400

Policy

Child Support

Centrelink

Legislation

Delegations and authorisations

APS 3 or above

APS 4 or above

APS 5 or above