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FTB 32.6% -> 35% anyway to appeal

Any success stories? Or is it just a waste of paper/time

Dear All,

I do not qualify for Part A or B to the Family Tax Benefits because my care of the children is at 32.6%. I require 35% or more care to get that + Health care card.

Has anyone here ever had the same issue?

Is there a way to appeal the decision and get some assistance because it is not far off (32.6% care/cost similar to 35% care/cost)??

Any success stories??

Who would you appeal to?

                   I doubt very much that you would be able to appeal. The legislation clearly states 35% care or above. With regard to Health Care Card, you may be able to retain this.
How many nights do you have the children in a fortnight/week/year? As far as I have looked into (and centrelink is one thing I know thoroughly) 5 nights a fortnight is 35%, 4 is 28% so I can not understand how they came to 32% for your care arrangement unless yours is based monthly then it spins it into a different realm to calculations.
The rules are solid though, trust me I have been fighting one ruling for over a year and ended up with a whoopdedo $6 a fortnight extra so sometimes it causes you more out of pocket than what you gain (just like family law LOL) good luck.
All such decisions are appellable.  Have you had the basis for the decisiobn explained to you? Is there any further information you can supply?  Have you used the Centrelink authorised review officer yet (they are much better than CSA's objections officers from what Ihave seen)?
There is a big difference between the FTB legislation and the general methodology of working our care percentages by using a night count. A night count will not reflect any substantial day care or early hand over times. The FTB Legislation however allows for hours of care to be used to work it out your care percentage.

You just have to ask Family Assistance to work out a percentage care based on hours and they will oblige you. You will find they are a lot more easier to work with than the C$A.

Have you worked out your care percentage this way?

Other than this there is nothing else you can do except get more care time to put you over 35%.

You could go through the appeals process however you woudl have to show cogent reasons why you should be treated different to everyone else.
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