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reconcilation of income estimate for payee not being addressed by CSA

hi everyone,

The mother (payee) made an estimate for 2010 year of around $100,000 but due to a redundancy payment she lodged an (actual) income of $180,000. The provisional income was reconciled in my favour for $400 or so. BUT! an reconciliation of income estimate was never made. I believe there is no time limit for these provisions.

The CSA can't give a straight answer. There advice so far:
-do a sec 117 'departure from assessment'- but the Registrars neglect to reconcile does not fit into the 10 reasons list provided
- formal objection- well after 28 day time limit and there was no written 'decision' to object to.

my thought- maybe sec 42 CSA (Reg and Collection) Act for correcting admin/clerical errors. But would this be a clerical error?

Any other ideas? If it was me the payer in this situation the CSA would be on this very quickly.

I know i should have acted earlier but i didn't occur to me back then. I am about to be hit with a debt for mother tax amendment (for adjusted TI) so income will change. So this estimate reconciliation credit will hopefully offset this.

My issue- how to get the CSA to do the reconciliation for 2010 year that they by law should have done.

Any suggestions?

The CSA Guide :-

The CSA Guide - 2.5.1 Income Estimates for a Year of Income said

Reconciling an income estimate

After the end of the year of income, the Registrar will compare the parent's estimated income with their actual income for the year. If the actual income is less than or equal to the estimated income, the records will be noted to show that no further action is required. If the parent's actual income is more than their estimated income, the assessment will be amended using their actual income, using the provisions of Division 7A of Part 5 of the Act. Exactly how and when this is done will depend upon the kind of estimate made, the number of estimates made and when the actual income becomes known.

As such there has been an act of defective administration. The CSA should correct this immediately. If they have not provided this advice then that is yet another act of defective administration by failing to provide suitable advice. It does appear that instead they have provided advice that has sent you on nothing but a wild goose chase.

I would suggest that you insist that the CSA make the appropriate amendments immediately and that you also make a claim for compensation under the CDDA Scheme (Compensation for Detriment due to Defective Administration).

I would also suggest, making a complaint to the Minister for the DHS, your local Federal MP and the Ombudsman.
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