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SSAT and CSA

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If SSAT make an error and you try to point this out to them and they refuse to review your case should you be entitled to compensation if proven correct.

Should you have to go to court and pay thousands of dollars to have their mathamatical error corrected.
It's very hard to point out an error from a SSAT appeal as you can only appeal a SSAT decision to a court on a point of law, not a point of fact. However if you do succeed then you can claim costs against them. It's silly that you may have to spend thousands on correcting an error but that is how the system is currently set up. It's not very fair to anyone.

unfair system

Currently my local mp and the Commonwealth Ombudsman have all documentation.

My local member is making representation to the appropriate Minister. Both the minister and ombudsman can see the error.

If I had the money I would go to court but why should I have to based on an mathamatical error they have made?

Someone other than a court should over see the SSAT.
Keep us informed to what happens. The court was mostly removed as an appeal mechanism for C$A decisions from the beginning 2007 and replaced with the SSAT so the process is still relatively new and as many are finding out, not fair to all involved.
Thanks for the reply Fairgo.

I will certainly keep you informed.
The SSAT may have only become recently involved with CSA cases (Jan 07) but it has been around since 1975. It really should know what it is doing.

Having worked for a government organisation (CES), my experience of their appeals process, is not favourable. Frequently decisions to cease payment of unemployment benefits due to failure to respond to correspondence and particpate in jobseeking activities, were overturned for "frivolous" reasons such as the person did not have a mail box. Pfft.

I find them to be just another level of bureaucracy. Just my opinon (and off topic, I know).
I should mention that if you do not believe you have been given a fair appeal by the SSAT, then you can appeal to the court on this point as I believe procedural fairness is considered a point of law.
Fairgo is right on this one. You can argue as a point of law that SSAT had a duty to act reasonably and their decision was irrational given the 'evidence' provided. There is also a 'no evidence rule' (hence the procedural fairness umbrella). Check with a legal advisor and do some research yourself.

update

Finally received a reply from local mp whom made representation to Hon Tanya Plibersek, apparently the Hon Jenny Macklin has overarching responsibility for the SSAT.

My information has now been forwarded to her.
There is legal precedent for appeals bodies and courts to reconvene and correct obvious errors.  It is just that SSAT rarely, if ever, will deal with such matters.
I just mentioned this in another post but some SSAT decisions can be reviewed by the AAT - all I know of is care percentage issues but sure there are others.

The AAT has full review and decision making authority unlike the court in a SSAT appeal as mentioned above.

Once you have won your appeals you can then claim all your costs or losses from C$A through the Compensation for Detriment caused by Defective Administration scheme.

It takes time but works.

misinformation by CSA

update ;

Since June I have been emailing on the phone to CSA, representation by local mp.

CSA have stated that after SSAT decision there is nothing they can do to assist other than an evasion referal to ATO referal centre. Recently my CSA personalised officer stated in writing that if I had proof that the persons income was higher than SSAT decision at anytime I could then re apply for change of assessment. My son turns 18 next Tuesday. Prior to all correspondence to CSA the personalised officer has stated there is nothing more they can do…….(I have requested everything in writing)

The SSAT decision they applied special circumstances for the other party and applied current income to overide 2008/2009 income. SSAT hearing was May this year before the financial year had concluded. How can the SSAT know what a self employed persons income would be do they have ESP powers??

The person is a sole trader and has 50% shareholding (company director) and is always one year behind in submitting tax returns, so the tax retun for 2009/2010 will not be submitted until May 2011. The SSAT did not reflect in their wisdom the income earnt from the 50% shareholding company which this person doesn't know the amount of income earnt (even though it is their own company.)

Still waiting to hear from the Hon.Jenny Macklin. By the way the overpayment of $1,200 the CSA would like me to repay back at $25.00 per week, but they did't tell me where to pay it, but it's due on 28/12/2010. I have sent a letter refusing until the person has submitted 2009/2010 tax returns as I know the expenses are elaborate example they staed their car to be valued at $5,500 yet profit and loss statemnts show they have had over $10,000 of repairs done, I would like to see proof.
Like C$A the SSAT will make an educated guess on incomes and other expenses which is usually in the favour of the payee.

Car repairs could include running costs so the figures you state could be quite reasonable.
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