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Child support terminating event

The key issue to determine is simply that the young person and her partner are living together as a "couple" under the Payee's roof.

SS12(1)(e) states
 (1)  A child support terminating event happens in relation to a child if:
       (e)  the child becomes a member of a couple; or…..

a member of a couple is defined in the act as

"member of a couple" means:
                     (a)  a person who is legally married to another person and is not living separately and apart from the other person on a permanent or indefinite basis; or
                     (b)  a person who is living with another person as the partner of the other person on a genuine domestic basis although not legally married to the other person; or
                     (c )  a person whose relationship with another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of theActs Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section, and is not living separately and apart from the other person on a permanent or indefinite basis.

Partner under (b) is defined as
"partner" , in relation to a person who is a member of a couple, means the other member of the couple.

The scenario was where a young person under 18 is partnered, has a child and lives with the Payee. The CSA say it is not a terminating event.

The key issue to determine is simply that the young person and her partner are living together as a "couple" under the Payee's roof. If they are living as a couple then the terminating event applies. CSA cannot say a terminating event does not apply simply because the young person is living under the Payee's roof. It may also assist matters if Centrelink are changing the young persons Parenting Payment to the 'partnered rate' and assessing her payment on her partners income.


Executive Secretary - Shared Parenting Council of Australia
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I think it would be very clear cut if the child went from single rate to a partnered rate of benefits. I think the problem lies in the fact that CSA staff have no training when it comes to determining if they are partnered "on a genuine domestic basis". Surely this could be sent off to a Centrelink social worker to make a determination though?
According to "The scenario was where a young person under 18 is partnered, has a child and lives with the Payee. The CSA say it is not a terminating event.".

If the partner is not also living with the payee then a "genuine domestic basis" does not exist. That is assuming that the young person is 16 or more (i.e. if the "young person" is under 16 then they cannot be considered as a partner) and that the other person is not the Payee (this would be a can of worms :)).
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