2.6.3: A decision to refuse to change an assessment

Context

CSA can decide that an assessment should not be changed.

Legislative references

Sections 98A, 98E, 98F, 98J, 98JA, 98L, 98R, 98RA, 98S, 98SA and 112 Child Support (Assessment) Act 1989

Explanation

No power to make a change of assessment decision

Power to refuse to change an assessment

CSA must give written notice of the decision

In some circumstances, CSA has no power to make a change or has a discretion to refuse to change an assessment.

No power to make a change of assessment decision

CSA cannot make a decision varying an assessment:

• for any day that is more than eighteen months before the day upon which a person lodged his or her application for a change of assessment (section 98S(3B)(a)) unless a court has granted leave under section 112 to make a change for an earlier period; or
• for any day that is more than eighteen months before the day upon which CSA notified the payer and payee of its proposal to change the assessment in a CSA-initiated change of assessment (section 98S(3B)(b)) unless a court has granted leave to make a change for an earlier period under section 112; or
• for any day outside the period for which a court has granted leave for CSA to make a determination (and which is more than eighteen months before the date upon which the application for change of assessment was lodged, or the CSA notified the payer and payee of its proposal to change the assessment in a CSA-initiated change of assessment) (section 98S(3C)); or
• toan amount lower than the minimum annual rate of child support for a particular child support period unless the assessment is based on the modified formula that applies in a case where the care of the child/ren is shared or divided between the parents(section 98SA).

Power to refuse to change an assessment

CSA can refuse to change an assessment in the following situations.

• A parent's financial circumstances, or the issues associated with the case, are too complex to be decided by CSA (section 98E). CSA will recommend that the parent make an application to a court for a change of assessment.
• The application does not disclose any of the 10 change of assessment reasons (section 98F(a)).
• A change of assessment reason exists, but it would not be just and equitable or otherwise proper to make a decision to change the assessment (section 98F(b)).
• A person makes a new change of assessment application after CSA has refused a prior change of assessment application lodged by that person and CSA is satisfied that the later application doesn't include any new issues (section 98J(2)).
• The issues involved in a CSA initiated change of assessment are too complex to be decided by CSA (section 98R). In these cases, CSA will recommend that either parent make an application to a court for a change of assessment.
• Where the requirements to change an assessment in a CSA-initiated change of assessment are not satisfied (section 98L(1)).

CSA must give written notice of the decision

CSA must notify both the payer and payee when it refuses an application to change the assessment (section 98JA(1)), or if it decides not to proceed to make a change in a CSA-initiated change of assessment (section 98RA(1)).

CSA's notice must include information about the parent's right to object to CSA's decision. If CSA has refused to change the assessment because the issues are too complex to be decided by CSA, the notice must advise the parents that they can apply to a court for a change of assessment if they are aggrieved by CSA's decision on the objection. If CSA has refused to change the assessment for any other reason, the notice must advise the parents that they can apply to the Social Security Appeals Tribunal if they are aggrieved by CSA's decision on the objection. (See sections 98JA and 98RA.) .

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Version 1.4

Issued 1 January 2007

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