Transfer of information between Centrelink and Child Support 277-51130110

Item

Description

1

When a care determination will be aligned

A care determination will have effect for family assistance, social security and child support purposes for a mutual customer:

• from 1 July 2010, or 3 March 2011 for WA Ex-Nuptial cases, and
• if it's made by the:
• Secretary for family assistance and social security purposes, or
• Child Support Registrar for child support purposes. (The child is recognised as either a child support child or a relevant dependent child)

Note: there are some differences between child support and FTB legislation regarding when care determinations take effect.

Percentages of care determined under the child support law that apply for family assistance and/or social security purposes

Where an individual's percentage of care for a child has already been determined by Child Support, (either as a child support child or a relevant dependent child) that determination will be:

• aligned for the purpose of family assistance and/or social security, and
• applied in determining that person's FTB care percentage, or their current partners care percentage if they are claiming the FTB

The Secretary will not need to determine the care percentage unless there has been a change in the care details and a new care determination is required.

Example 1

Rhonda and Barry are separated and share the care of their child Max for whom they have an existing child support assessment in place. A care determination has already been made. Barry is not claiming FTB. Rhonda applies for FTB and the Secretary uses the same care determination in respect of Rhonda that was applied by the Registrar in the child support assessment for FTB purposes.

Example 2 (Step parent claiming FTB)

Child Support has already made a decision in relation to the father Peter's care percentage for his child Mark. His current partner Mary (that is Mark's step mother) then claims FTB for Mark. Mark is not recognised in a child support assessment, (as either a child support child or relevant dependant), for Mary. However as the FTB care decision is applied in respect of both members of a couple, (in accordance with section 27(2) (b) of the Family Assistance Act), the Secretary will apply the Registrars care determination from Peter's child support assessment to the FTB assessment.

Percentages of care determined under the Family Assistance Law that apply for child support purposes

Where a person applies for an administrative assessment of Child Support and the Registrar is required to determine an individual's percentage of care for a child (either as a child support child or a relevant dependent child) and a family assistance care determination has already been made, either for that individual or their current partner (if they are claiming the FTB), Child support will use the existing FTB care determination.

Exception: if the care details have changed since the family assistance determination, a new care determination will be made. That new care percentage will be used for both child support and family assistance purposes.

Example: Freda and Campbell are separated and share the care of their child Monty. Freda and Campbell already receive FTB for Monty. Freda applies for a child support assessment in respect of Monty. As a family assistance care determination has already been made the Registrar will use the existing FTB care determination.

2

When a care determination will not be aligned

Where the child is not recognised in both a child support assessment (as either a child support child or a relevant dependent child of the individual) and an FTB assessment either for that individual or their current partner, (if they are claiming the FTB), then a new care determination made by one program can not apply to the other.

Percentages of care determined under the child support law that DO NOT apply for family assistance purposes

Where a child is included in the child support assessment of an individual (as either a child support child or a relevant dependent child) and that same individual, (or their current partner), does not receive FTB for the child, then any changes to the care of the child will require a new care determination by Child Support and will not be aligned for FTB purposes.

Example 1

Jeremy and Jackie are separated and share the care of their child Phillip. Phillip is currently included in a child support assessment (as either a child support child or a relevant dependent child). Neither Jeremy nor Jackie nor their current partner's receive FTB for Phillip, therefore any changes to the care of Phillip must be notified to the Registrar. However if Jeremy and/or Jackie or either of their current partners subsequently lodge an FTB claim the Secretary will use the Registrar's care determination for the purposes of FTB.

Percentages of care determined under the Family Assistance law that DO NOT apply for child support purposes

Where an individual, (or their current partner), receives FTB for a child from the individuals previous relationship but the child is not included in a child support assessment (as either a child support child or a relevant dependent child) of that individual, then any changes to the care of the child will require a new care determination by Centrelink.

Example 2

Peter and Wendy are separated and share care of their child James. Peter applies for FTB however as James is not currently included in a child support assessment (either as a child support child or a relevant dependent child), any subsequent changes to the care of James will need to be notified to the Secretary. Should Peter later decide to apply for a child support assessment against Wendy, the Registrar will use the existing FTB care determination.