2.2.5 Alignment of care between child support & FTB
Since 1 July 2010 care percentage determinations can be made by either a delegate of the Child Support Registrar or of the Secretary (for FTB purposes), where there is a child recognised in relation to a person in a child support assessment and the person receives FTB for the same child. Whether care is determined by the Registrar or the Secretary, a single care determination applies for child support purposes and for FTB purposes. See topics 2.2.1 and 2.2.2 for information on determining care.
On this page
- Aligning care determinations between child support & FTB
- When a care determination will not be aligned
- Objections & reviews of decisions
Aligning care determinations between child support & FTB
Where there is a child recognised in a child support assessment, a person receives FTB for the same child, and a care determination needs to be made in respect of the child, the determination will be made by either the Registrar or the Secretary (CSA Act section 54K and FAAct section 35T). Once the determination is made, the single care determination applies for both child support and FTB purposes.
However, there are some differences between child support and FTB legislation regarding when care determinations take effect. Information on dates of effect for FTB purposes and FTB in general is available in the FA Guide.
Where care determinations for child support and FTB are aligned for a child, parents and carers need to inform either the Registrar or the Secretary of any changes in care.
Example: Marlon and Hana share care of their child Robina. There is a child support assessment for Robina, and both Marlon and Hana receive FTB for Robina. A care change occurs for Robina, and Marlon informs the Registrar of the new care arrangements. The Registrar makes a new care determination, and the same care determination is used by the Secretary to calculate both parents' FTB entitlement.
If a person applies for an administrative assessment of child support and the care percentages for the relevant child have already been determined by the Secretary for FTB purposes, the Registrar must apply the care percentages determined by the Secretary if that determination has not been revoked and continues to apply. If the care arrangements have changed since the Secretary made the determination, the Registrar may revoke the existing percentages after applying them under section 54K and make a new care determination.
When a care determination will not be aligned
Where the child is not recognised in either a child support assessment (as a child support child or a relevant dependent child) or for FTB purposes, then the care determination will not be aligned. The parent or carer will need to contact the relevant agency to inform them of any changes to the child's care arrangements. For example, where there is a child support assessment but neither parent receives FTB for the child, then any changes to the care of the child must be notified to the Registrar.
Objections & reviews of decisions
The same principles apply to objection decisions, and reviews of decisions by the AAT (CSA Act section 54L and FAAct section 35U). Where either the Registrar or the Secretary conducts an internal review of a care decision (see 4.1 for more information on objections), any new decision made on review will be used by both the Registrar and the Secretary. Where the AAT amends a decision or substitutes a new decision about a care percentage, that amended or substituted decision will be used by both the Registrar and the Secretary.
The date of effect of a care percentage decision may also vary between child support and FTB for review decisions, whether internal or external. Generally, if a person does not apply for a review within 28 days of receiving the decision that they wish to have reviewed, any amended or substituted decision will apply for child support purposes only from the date on which the application for review was made. However, if there are special circumstances that delayed the application, the new decision may completely replace the original decision (see 4.1.8 for more information).
Information on dates of effect for FTB purposes and FTB in general is available in the FA Guide.