CHILD SUPPORT LEGISLATION AMENDMENT (REFORM OF THE CHILD SUPPORT SCHEME--NEW FORMULA AND OTHER MEASURES) ACT 2006 - SCHEDULE 7 Other amendments commencing on 1 July 2008
CHILD SUPPORT LEGISLATION AMENDMENT (REFORM OF THE CHILD SUPPORT SCHEME--NEW FORMULA AND OTHER MEASURES) ACT 2006 - SCHEDULE 7
Other amendments commencing on 1 July 2008Child Support (Assessment) Act 1989
1 At the end of section 12
Add:
(5) A child support terminating event happens in relation to a child and the child's parents if the parents become members of the same couple for a period of 6 months or more.
2 Before section 151
Insert:
150E Suspension of liability to pay child support where parents reconcile
Child support not payable if parents reconcile
(1) The Registrar must make a determination (a suspension determination ) that child support is not payable for a child by a liable parent to the other parent of the child if:
(a) the Registrar is notified, or otherwise becomes aware, that the parents have become members of the same couple; and
(b) the Registrar is satisfied that the parents have become members of the same couple.
(2) If the Registrar makes a suspension determination, child support for the child is not payable by the liable parent to the other parent:
(a) from the day the Registrar determines that the parents became members of the same couple; and
(b) until the Registrar makes a determination under subsection (3) in relation to the parents.
Note: Under section 12, there is a child support terminating event if the parents are members of the same couple for a period of 6 months or more.
Payment of child support to continue if reconciliation not successful
(3) If:
(a) a child support terminating event has not happened in relation to a child and the child's parents under subsection 12(5); and
(b) the Register is satisfied that the parents have ceased being members of the same couple;
then the Registrar must make a determination under this subsection that child support is again payable by the liable parent to the other parent.
(4) If the Registrar makes a determination under subsection (3), child support is again payable by the liable parent to the other parent from the day that the Registrar is satisfied that the parents ceased to be members of the same couple.
Suspension determination not to prevent payment of child support to non - parent carers
(5) To avoid doubt, child support is still payable by a liable parent for a child to a non - parent carer of the child despite a suspension determination being made in respect of the parents of the child.
Child Support (Registration and Collection) Act 1988
3 Subsection 39(5)
Repeal the subsection, substitute:
(5) The Registrar must grant the application unless the Registrar is satisfied that:
(a) the payer of the liability has been complying with his or her child support obligations in relation to the payee; or
(b) the payer of the liability has satisfactorily explained and rectified a failure to comply with his or her child support obligations in relation to a payee; or
(c) there are special circumstances that exist in relation to the liability that make it appropriate to refuse the application.
4 Section 71A
Before "Subject", insert "(1)".
5 Section 71A
After "section 30", insert "and in accordance with subsections (2) and (3)".
6 At the end of section 71A
Add:
(2) If:
(a) the application referred to in paragraph (1)(b) specifies that the amount, or part of the amount, received by the third party is to be credited against the liability in relation to a specified percentage that is less than 100% of the amount payable under the liability; and
(b) the Registrar is satisfied that the payer and the payee agree that the amount received is to be credited against the liability in relation to that percentage of the amount, or the part of the amount, payable under the liability;
then the Registrar must credit the amount received against the liability in relation to that percentage of the amount, or the part of the amount, payable under the liability.
(3) Otherwise, the Registrar must credit the amount received against the liability in relation to 100% of the amount, or the part of the amount, payable under the liability.
7 Subsections 71C(1) and (2)
Repeal the subsections, substitute:
(1) If:
(a) the payer of an enforceable maintenance liability in relation to a payment period or initial period has made one or more payments to the payee of the liability, or to another person; and
(b) the payment is a payment of the kind specified in the regulations; and
(c) the sum of those payments exceeds the sum of all such payments previously credited under this section against the liability for all past periods; and
(d) the payer does not, at the time at which the Registrar applies this section, have at least regular care of any of the children to whom the relevant administrative assessment relates;
then the Registrar must, despite section 30, credit the excess amount mentioned in paragraph (c), up to a maximum amount that is equal to 30% of the amount payable under the payer's liability for the period, against the liability in relation to the amount payable under the liability for the period.
Note: Subsection (1) is subject to section 71D.
8 After section 72AB
Insert:
72AC Deductions from veterans' pensions and allowances
(1) The Registrar may give a written notice to the Repatriation Commission (within the meaning of the Veterans' Entitlements Act 1986 ) if:
(a) either of the following applies:
(i) a person is a payer of an enforceable maintenance liability under section 17 of this Act;
(ii) a person owes a child support debt in relation to a liability under section 17 or 17A of this Act and an amount of the debt remains unpaid after the day on which the debt became due and payable under section 66 of this Act; and
(b) the person is receiving:
(i) an age service pension under Division 3 of Part III of the Veterans' Entitlements Act 1986 ; or
(ii) an invalidity service pension under Division 4 of Part III of that Act; or
(iii) a partner service pension under Division 5 of Part III of that Act; or
(iv) income support supplement under Part IIIA of that Act; or
(v) Defence Force Income Support Allowance under Division 2 of Part VIIAB of that Act.
(2) The notice must:
(a) specify the person's name; and
(b) set out sufficient particulars to enable the Repatriation Commission to identify the person; and
(c) if subparagraph (1)(a)(i) applies--instruct the Repatriation Commission to make periodic deductions prescribed in the regulations from the person's pension or allowance from a specified day; and
(d) if subparagraph (1)(a)(ii) applies--instruct the Repatriation Commission to make periodic deductions prescribed in the regulations from the person's pension or allowance on the day or days specified.
Veterans' Entitlements Act 1986
9 At the end of section 58J
Add:
(3) The Commission must, in accordance with a notice given under section 72AC of the Child Support (Registration and Collection) Act 1988 , for the purpose of enabling the collection of an amount that is, or may become, payable by a recipient of a pension:
(a) make deductions from instalments of the pension payable to the recipient; and
(b) pay the amount deducted to the Child Support Registrar.
Note: The heading to section 58J is altered by adding at the end " or Child Support Registrar ".
10 After section 122D
Insert:
122E Deductions of DFISA paid to Child Support Registrar
The Commission must, in accordance with a notice given under section 72AC of the Child Support (Registration and Collection) Act 1988 , for the purpose of enabling the collection of an amount that is, or may become, payable by a recipient of DFISA:
(a) make deductions from instalments of DFISA payable to the recipient; and
(b) pay the amount deducted to the Child Support Registrar.
Part 2 -- Application provisions
11 Application
The amendment made by item 1 of this Schedule applies in relation to parents who become members of the same couple after the commencement of this Schedule.
12 Application
The amendment made by item 2 of this Schedule applies in relation to parents that:
(a) the Registrar is notified, or otherwise becomes aware, have become members of the same couple; and
(b) the Registrar is satisfied have become members of the same couple;
after the commencement of this Schedule.
13 Application
The amendment made by item 3 of this Schedule applies in relation to applications made under section 39 of the Registration and Collection Act after the commencement of this Schedule.
14 Application
The amendment made by item 6 of this Schedule applies in relation to amounts that are received, after the commencement of this Schedule, by a third party (as mentioned in subsection 71A(2) of the Registration and Collection Act as inserted by this Schedule).
15 Application
(1) The amendment made by item 7 of this Schedule applies in relation to payments, made after the commencement of this Schedule, of the kind referred to in subsection 71C(1) of the Registration and Collection Act (as inserted by this Schedule).
(2) To avoid doubt, the amendment does not apply to payments made before the commencement of this Schedule which have not, at the time of commencement, been credited under section 71C of that Act.