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Child Support payments when child is receiving Youth Allowance

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Child Support issue with Youth Allowance and Child Support payments

CHILD SUPPORT PAYMENTS WHEN CHILD IS RECEIVING YOUTH ALLOWANCE
Can anyone shed some light on the questions of a child receiving a Youth Allowance as well as child support payments. The reason I ask is that my son, who is a ward of the Court (QLD) recently returned to live with his mother. I am told he is receiving a Youth Allowance (Centrelink) and I recently received a letter from the Child Support Agency advising my sons mother had applied for Child Support Payments. Today I rang Centrelink Helpline and they advised both Child Support Payments can be paid to my son. This seems at odds with my way of thinking as it would appear there are two lots of payments. from separate entities being received by my son and his mother.

If anyone can give me an informed answer and direct me to relative legislation and /or case law this would really be appreciated.

Also, I am a bit upset my sons mother would apply for CSA payments after fraudulently receiving 16 over-payments, totaling $5000 some time back. Naturally when I advised the CSA about this they refused to contact Centrelink or the Department of Communities in Qld citing privacy provisions prevents government agencies speaking to each other. This allowed the crime of Obtaining a Benefit By Deception (Crimes Act 1900 section 178BA) to go its merry way and my ex enjoy the protection of the all powerful CSA. 
Your child support liability ceases when your child turns 18 and discontinues or completes year 12 secondary education being after the last day they attend classes or exams.

When a child turns 16 they can opt to receive youth allowance instead of a parent receiving family tax benefit. This does not effect your child support liability.

If your child is working part time earning an income, whilst in school, you may be able to have your liability reduced through the change of assessment process although this process was designed to find ways to make the payer pay more so tread carefully with it.

Hope this info helps.
Nicestman,

With regard to Youth Allowance being disregarded.

A for a child's financial resources to be considered would require a departure from administrative assessment (often termed Change of Assessment) under reason 4 (section 117(2)(c)(i) of the Child Support Assessment Act as referred to by section 98C in the same ACT). However,  Section 117(7)(b)(ii) disregards any allowance or benefit received by the child/carer. as per :-

Child Support (Assessment) Act 1989 - Section 117(7) said
 (7)  In having regard to the income, earning capacity, property and financial resources of the child, the court must:

                     (a)  have regard to the capacity of the child to earn or derive income, including any assets of, under the control of, or held for the benefit of, the child that do not produce, but are capable of producing, income; and

                     (b)  disregard:

                              (i)  the income, earning capacity, property and financial resources of any person who does not have a duty to maintain the child, or who has such a duty but is not a party to the proceeding, unless, in the special circumstances of the case, the court considers that it is appropriate to have regard to them; and

                             (ii)  any entitlement of the child or the carer entitled to child support to an income tested pension, allowance or benefit.
Section 7A (Financial resources of Parent) includes the same same get out clause.


With regard to fraud. The CSA even after a damming report by the ombudsman about the CSA's disregard towards reporting fraud. Still basically do not report fraud when it is staring them in the eyes. In fact the CSA even support anarchistic terrorism in turning a blind eye to the invention of non-existent legislation used to fraudulently extort monies from paying parents as explained in CSA - The incantations .

I would suggest complaining not only to the CSA, but to the ombudsman, the minister for the DHS, you local Federal MP and any MP's/Senators who might be concerned (e.g. Pauline Hanson).

You would have a greater chance of reporting the fraud directly to the appropriate departments.

However, when it comes to overpayments, then would be the CSA. The CSA show little if any interest in enacting the legislation that makes them duty bound to ensure that such corrections are made.  

On a further note, the CSA do have the powers to investigate. With regard to CentreLink the CSA and Centrelink are merged and are effectively one. As such I believe that any employee who has said that privacy prevents them doing their work is in breach of their duties under a number of aspects of the PS Act.
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