2.8.5: Applying for an assessment to continue after a child turns 18

Context

A payee can apply to extend a child support assessment until the end of the school year if the child will turn 18 during that year and is still in full-time secondary education.

From 1 January 2008, a parent can apply to have a relevant dependent child taken into account until the end of the school year if the relevant dependent child will turn 18 during that year and is still in full-time secondary education.

Legislative references

Sections 5, 151B, 151C, 151D and 151E  Child Support (Assessment) Act 1989

Section 66E Family Law Act 1975

Explanation

How to make an application for an assessment to continue

A carer can apply to extend a child support assessment (an assessment or agreement) until the end of the school year if the child will turn 18 during the year and is in full-time secondary education (section 151B).  A parent can apply to have a relevant dependent child taken into account in any relevant administrative assessment until the last day of the secondary school year in which that relevant dependent child turns 18.

An application (made orally or in writing) should include:

• the name of the child,
• the name of the school or college,
• whether the child receives full-time secondary education, and
• the last day of secondary education for the year, and
• if the application relates to an agreement, the application must be in writing and signed by both parents.  Note: a relevant dependent can be taken into account in any relevant administrative assessment only (section151B(1A)).

Last day of secondary education for the year

The last day of secondary education is the later of the following:

• the last day of classes or
• the last day of the exam period,

for the year the child or relevant dependant child is in, at the school the child attends.

Example

How CSA will make a decision

CSA must accept the application (section 151C) if:

• the child or relevant dependant child has turned 17, and
• an assessment or child support agreement is in force, or is likely to be in force, on the day before the child turns 18, and
• the child or relevant dependant child is likely to be in full-time education on their 18^th birthday, and
• the child's or relevant dependant child 18^th birthday will be on or before the end of the secondary school year, and
• the application is made before the child's or relevant dependant child's 18^th birthday (or there are exceptional circumstances justifying a late application see below).

'Secondary school' means a school, TAFE college, or any other educational institution, which provides full-time secondary education (section 5). A school or college can determine the 'last day' of 'full-time secondary education' for that calendar year (section 5).

The factors CSA will consider in deciding whether there were 'exceptional circumstances' that justify accepting a late application are whether:

• Serious health problems hindered lodgement. (Written confirmation from a health practitioner will be required).
• An application for assessment has been made but not accepted before the child turns 18, and it was unclear whether the child would be in secondary full-time education.
• The payee was under pressure not to apply. (Evidence from a person fully aware of the nature and details of the circumstances, e.g. a social worker or police officer, will be required.)
• Severe distress or hardship (e.g. caused by a disaster such as fire or flood) delayed lodgement.
• Communication difficulties led to an inability to access information. (A result of geographical location, cultural issues, literacy, language difficulties, etc.)

Examples

The consequences of the decision

If CSA refuses an application, it must advise the applicant in writing (section 151C)). It is CSA policy to notify both parents where the payee has applied to continue an agreement. They can object to the particulars of the assessment.

If CSA accepts the application:

• CSA will advise both parents in writing. Either parent can object to the particulars of the assessment (sections 151C (4) and (5)).
• There is no terminating event when the child turns 18 (section 151D). A terminating event will happen on:
  • the last day of secondary education in that year, or
  • if the child finishes earlier, the day the child ceases to be in full-time secondary education.
• The child is taken to be aged 17 for the purposes of applying Part 5 of the Act until a terminating event happens (section 151D(2A)). This means that where the care of the child is divided (Subdivision E) the child is still a relevant dependant for the purposes of the assessments.
• The provisions of the Act apply to allow the parents to lodge estimates, apply for a change of assessment, etc. However, an application for assessment or an agreement can only be made for a child who is under 18. An agreement cannot be varied once a child is over 18.

If a court has ordered the payer to pay child support for a child over 18 (See chapter 3.1) it will not be necessary to apply for the assessment for that child to continue. However, if an application to continue an assessment has been accepted a court should not make an order for the period where the assessment is in force (section 66E Family Law Act).

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Version 1.4

Issued 1 January 2008

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