Redundancy, Long Service leave and the ATI
The long service leave amount is almost equivalent to the redundancy payment.
Is it likely that the redundancy & the long service leave payout will all be considered as part of the ATI and my CS payments based on that figure or are there provisions to have parts of the payout excluded?
your tax return(s) will reflect these via payslips and Employment Termination Certificate(ETP). HOWEVER, have a look at CSA - The incantations (although the post is tongue in cheek, it is based on fact), as the CSP will very likely try to initiate a reason 8 departure (Change of Assessment) if they get wind of the redundancy payment. I'd suggest planning on the assumption that the full amount of the redundancy will be used for your child support income.
What court cases do we have? I will check my CCH database and see if there are any CS case related to redundancies. The formal method to engage is via an Emerging Issue.
Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunityExecutive Secretary - Shared Parenting Council of Australia
I believe and emerging issue, as it's dealt with by the CSP, will just be a whitewash probably along the same lines (if not exactly the same response) as was obtained when the matters were raised with the DHS minister. In short, no response to the invention of legislation, "our in-house written policy", which the CSP equates to legislation, allows us to use grossing up, allows us to ignore our own policy (which states that amounts that will affect the CS income should not be considered). Worth a try though I suppose. Really what is needed is for the matters to be determined outside of the CSP by the courts (and really that the legislation states exactly how such matters are handled eg along the lines of tax rulings).
My research, limited by what is only generally available, found nothing directly in regard to redundancy payments and the CS registrar.
There is also another major issue. The CSP in response to complaints/objections have stated that they don't have to address each issue but can lump them together. However:
Unamed response from CSP (ie I strongly suspect that the objections officer has responded which is according to the legislation not permitted) said
e-mail you raised concerns regarding an objection decision. Fiftythree
(53) points in relation to objection decision Your letter of
complaint you outlined 53 points in relation to the objection
decision made by Ms Elford (the decision maker) on 23 February
2015. I have reviewed all 53 points and will address them based
on the subject raised and not each individual point. ……..
There are a number of issues you
raised in relation to how the objection decision was investigated
and the accuracy of the “Objection decision reached” letter. I will
address these issues in relation to the category and not each
individual issue you have raised.
The CS Guide - 4.1.6 Making A Decision to Allow or Disallow and Objection said
The Registrar must make a decision within 60 days of the day on which the objection was received (CSRC Act section 87(1)). However, if the parent making the objection, or a parent served with a copy of the objection and any accompanying documents, is a resident of a reciprocating jurisdiction, the time to make a decision is extended to 120 days (CSRC Act section 87(1A)).
An objection is a request for reconsideration of an original decision. The Objections Officer will reconsider a decision by 'standing in the shoes of the original decision-maker'. They must go through the same steps as the original decision-maker, come to their own conclusions about the relevant facts of the case and determine how the law is applied to those facts. They do not simply check whether there is any obvious error in the original decision on the basis of the grounds raised in the objection.
They must take into account all the relevant information available to them even if it was not available to the original decision-maker. This includes all information that could have been made available to the decision-maker at the time of the original decision.
If the Objections Officer is allowing or part allowing an objection to a change of assessment decision they can either:
- make a new decision (either to change the assessment, or refusing to change the assessment) taking into account all information including a change of circumstances or new reason; or
- where the objection is to a section 98E, 98F or 98J refusal decision made under the CSA Act, set aside the original decision to refuse to change the assessment and refer the application to a Senior Case Officer to consider the application afresh. (This two-step process is necessary because the Registrar must arrange for exchange of documents between the parents and for each parent to be heard before a change of assessment decision can be made).
Child Support registration and Collection Act 1988 said
(1) If an objection is lodged under this Part, the Registrar must:
(a) consider the objection and:
(i) if paragraph 86A(1)(b) applies in relation to the objection—any grounds relied on to oppose or support the objection; or
(ii) otherwise—any notice lodged with the Registrar under section 86 or paragraph 86A(1)(a) in relation to the objection; and
(b) within 60 days after the objection is lodged, either:
(i) disallow the objection; or
(ii) allow it in whole or in part.
Both the legislation and the guide very clearly consider a singular objection not a group and thus multiple objections mus be handled individually, that is abundantly clear.