CHILD SUPPORT LEGISLATION AMENDMENT ACT 1998 NO. 120, 1998 - SCHEDULE 8 - Extension of child support for secondary students

CHILD SUPPORT LEGISLATION AMENDMENT ACT 1998 NO. 120, 1998 - SCHEDULE 8

Child Support (Assessment) Act 1989

1 Section 5

"full-time secondary education", in relation to a child, means education that is determined by the secondary school at which the child is receiving the education to be full-time secondary education.

2 Section 5

"last day", in relation to a child's secondary school year, means the day determined by the secondary school to be the last day, in the calendar year concerned, on which the child receives full-time secondary education from the school.

3 Section 5

"secondary school" means a school, technical and further education institution or any other educational institution at which full-time secondary education is provided.

4 At the end of subsection 12(1)

Note: Paragraph (1)(c) may be affected by section 151C (which deals with continuing administrative assessments and child support agreements beyond a child's 18th birthday in certain situations).

5 Before section 152

151B Application for assessment/agreement to continue beyond child's

18th birthday

(1)

If a child turns 18 during a year in which the child is in full-time secondary education, a carer entitled to child support for the child may apply for an administrative assessment, or a child support agreement, in relation to the child to continue in force until the last day of the secondary school year in which the child turns 18.

Note: For full-time secondary education , last day and secondary school see section 5.

(2)

The application must be:

(a) made to the Registrar in the manner specified by the Registrar; and (b) in the case of an application for a child support agreement to continue in force—signed by both the carer and the liable parent.

Note: Section 150A provides for the Registrar to specify the manner in which an application may be made.

151C Application for assessment/agreement to continue—Registrar's

decision

(1)

The Registrar must either accept or refuse to accept an application under section 151B.

(2)

The Registrar must accept the application if, and only if, the Registrar is satisfied that:

(a) the child has turned 17; and (b) an administrative assessment, or a child support agreement, in relation to the child either is in force, or is likely to be in force on the day before the child's 18th birthday; and (c) the child is likely to be in full-time secondary education on the child's 18th birthday; and (d) the child's 18th birthday will occur on or before the last day of the secondary school year; and (e) either: (i) the application is made before the child's 18th birthday; or (ii) there are, in the Registrar's opinion, exceptional circumstances justifying the making of the application after the child's 18th birthday.

Note: For full-time secondary education , last day and secondary school see section 5.

Refusal of application

(3)

If the Registrar refuses to accept the application, the Registrar must immediately notify the applicant in writing.

Acceptance of application

(4)

If the Registrar accepts the application, the Registrar must immediately notify the applicant, and the liable parent concerned, in writing.

(5)

A notice to a person under this section must include a statement to the effect:

(a) that the person may, subject to this Act, object to the particulars of the assessment in relation to which the application under section 151B was made; and (b) that if the person is aggrieved by the decision on the objection, he or she may appeal, subject to this Act and the Family Law Act 1975 , to a court having jurisdiction under this Act under section 110 against the assessment.

(6)

A contravention of subsection (5) in relation to a decision does not affect the validity of the decision.

(7)

To avoid doubt, a reference in this section to an administrative assessment does not include a reference to an assessment made by the Registrar under subsection 93(2).

Child support terminating event

(1)

If the Registrar accepts an application under section 151B in relation to a child, then, in spite of section 12 (which deals with child support terminating events):

(a) a child support terminating event does not happen in relation to the child when the child turns 18; and (b) a child support terminating event happens in relation to the child on the last day of the secondary school year to which the application relates.

Registrar to take necessary action

(2)

If the Registrar accepts the application, the Registrar must immediately take such action as is necessary:

(a) if the application is to continue an administrative assessment in force—to take account of the change effected by subsection (1) to the meaning of child support terminating event in relation to the child (whether by amending the assessment or otherwise); and (b) if the application is to continue a child support agreement in force—to take account of the change effected by subsection (1) to the meaning of child support terminating event in relation to the child (whether by accepting a subsequent child support agreement or otherwise).

Date of effect of decision

(3)

A decision of the Registrar to grant an application in relation to a child under section 151B takes effect on the day before the child turns 18, whether the decision is made before, on or after that day.

Child Support (Registration and Collection) Act 1988

6 Subsection 4(1) (subparagraph (c)(i) of the definition of terminating event )

(i) the child attaining 18 years of age unless: (A) under the terms and conditions of the relevant court order or maintenance agreement or otherwise by force of law, the liability is to continue after the child attains that age; or (B) section 151D of the Child Support (Assessment) Act 1989 applies in relation to the child;

Note: Section 151D of the Child Support (Assessment) Act 1989 modifies the normal rules about terminating events in relation to certain children who turn 18 during a year in which the child is in full-time secondary education.

7 Subsection 4(1) (after paragraph (c) of the definition of terminating event )

(ca) in a case where section 151D of the Child Support (Assessment) Act 1989 applies to the child because of an application made under section 151B of that Act—the last day of the secondary school year (within the meaning of that Act) to which the application relates; or

Note: Section 151B of the Child Support (Assessment) Act 1989 provides for a person to apply to continue an administrative assessment or child support agreement under that Act in force after a child's 18th birthday. If the application is granted, section 151D of that Act modifies the normal rules about terminating events.

8 At the end of subsection 34(1)

Note: The reference to a child ceasing to be in full-time secondary education is only relevant to a case where an administrative assessment or child support agreement under the Child Support (Assessment) Act 1989 is continuing in force after the child's 18th birthday because of the operation of section 151D of that Act.