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List of Social Security Appeals Tribunal (SSAT) decisions

A list of the decisions from SSAT as published on austlii

Below is a list of the Child Support related SSAT decisions.
Each list item has the item under review (this also acts as a link to the full case on austlii), followed by the decision under review and the decision.

This topic is not intended as a discussion, if you wish to discuss a case then please create a topic for that case.

 Here's the list :-

Extension of Time - 15 May 2007

Extension of Time - 15 May 2007
DECISION UNDER REVIEW

A decision made on 19 February 2007 by the Child Support Agency not to allow an extension of time for Ms X to lodge an objection to a decision dated 5 October 2006 to refuse an application by Ms X for a change of child support assessment based on reason 8.

SSAT DECISION

on 15 May 2007, the Tribunal decided to affirm the decision by the Child Support Agency to refuse Ms X an extension of time to lodge an objection. The Tribunals decision means that Ms Xs extension of time appeal is unsuccessful.

Registrar Initiated Change of Assessment- Self Employed - 9 July 2007

Registrar Initiated Change of Assessment- Self Employed - 9 July 2007
DECISION UNDER REVIEW

A decision made by an objections officer of the Child Support Agency on 2 January 2007, partly allowing an objection to a change of assessment made by a senior case officer, to assess the child support income amount of Mr X at $33,125 for the period 1 October 2006 to 30 September 2007. DATE OF APPEAL TO SSAT 3 January 2007

SSAT DECISION

on 9 July 2007 the Tribunal reconvened and decided to set aside the decision under review and substituted a new decision that: For the period 1 October 2006 to 30 September 2007 Mr Xs child support income amount is to be set according to the administrative assessment in the Child Support (Assessment) Act 1989.

Change of Assessment - Financial Non Disclosure - 12 October 2007

Change of Assessment - Financial Non Disclosure - 12 October 2007
DECISION UNDER REVIEW

A decision made by an Objections Officer of the Child Support Agency on 16 May 2007 to disallow an objection to a decision made by a Senior Case Officer on 6 March 2007 that from 1 September 2006 until 31 March 2008, the child support income for Mr X shall be set at $64,855.

SSAT DECISION

on 12 October 2007, pursuant to section 103S of the Child Support (Registration & Collection) Act 1988, the Tribunal decided to set aside the decision under review and substitute a new decision that Mr Xs child support income is set at $69,111 from 1 September 2006 until 31 March 2008. This means the appeal is unsuccessful.

Residence - 27 November 2007

Residence - 27 November 2007
DECISION UNDER REVIEW

A decision made by an objections officer of the Child Support Agency on 19 January 2007, that Mr X remains a resident of Australia and so liable to pay child support to Ms X.

SSAT DECISION

on 27 November 2007, the Tribunal decided to set aside the decision and substitute a new decision that Mr X ceased to be a resident of Australia as at 14 December 2005. This means the appeal is successful.

Non Agency Payments - 14 December 2007

Non Agency Payments - 14 December 2007
DECISION UNDER REVIEW

A decision made by an objections officer on 1 June 2007 disallowing an objection to a decision on 23 November 2006 to credit non agency payments in the amount of $1695 for the payment of school fees.

SSAT DECISION
On 14 December 2007 the Tribunal set aside the decision of the objections officer to credit the non agency payments and substituted a new decision that the following payments of school fees not be credited against the child support liability of Mr X in respect of X1 and X2.



30 June 2006 XYX College $315
31 July 2006 XYX College $315
30 August 2006 XYX College $315
21 July 2006 XXX College $350
31 August 2006 XXX College $400
Total $1695




 
 

Change of Assessment - Matters Too Complex - 25 February 2008

 Change of Assessment - Matters Too Complex - 25 February 2008
DECISION UNDER REVIEW

A decision made by an objections officer of the Child Support Agency on 3 August 2007 disallowing objections lodged by each of Mr X and Ms X and which related an to a departure determination under Part 6A of the Assessment Act. The objections related to decisions of another officer to have the child support income amount of Mr X set at $69,000 for the period 1 April 2007 to 30 November 2007.

SSAT DECISION

on 25 February 2008 the Tribunal decided to set aside the decision made on 3 August 2007 and substitute a decision pursuant to section 98E of the Assessment Act that the issues raised by the application are too complex to be dealt with under Part 6A of the Assessment Act and the Tribunal refuses to make a determination to change the assessment. It recommends that application be made to a court having jurisdiction under the Assessment Act for an order under Division 4 of Part 7 of the Assessment Act. This means that the departure determination made on 6 May 2007 is of no effect.

Change of Assessment- Earning Capacity - 12 June 2008

Change of Assessment- Earning Capacity - 12 June 2008
DECISION UNDER REVIEW

A decision made by an Objections Officer on 18 January 2008 to disallow an objection and to set Mr Xs child support income amount at $36,966 per annum for the period 3 October 2007 to 31 December 2008.

SSAT DECISION

on 12 June 2008 the Tribunal decided to affirm the decision under review.


 

Level of Care - 19 September 2008

 Level of Care - 19 September 2008
DECISION UNDER REVIEW

A decision made by an objections officer on 30 June 2008 to disallow an objection to a decision made on 1 April 2008 to accept Mr X as having care of XA and XB for 176 nights in the period from 19 January 2008 to 18 January 2009.

SSAT DECISION

on 19 September 2008 the Tribunal decided to set aside the decision under review and send the matter back to the Registrar of the Child Support Agency for
reconsideration in accordance with the direction that for the care period 1 July 2008 to 30 June 2009, Mr X has a care percentage of 42% and Ms X has a care percentage of 58%. This means that Ms Xs appeal is successful.


 

Change of Assessment - Child's Special Needs - 28 November 2008

 Change of Assessment - Child's Special Needs - 28 November 2008
DECISION UNDER REVIEW

A decision made by an objections officer on 23 June 2008 to allow an objection to a decision made by the Child Support Agency on 3 April 2008 to set Mr Xs child support income at $75,000 from 1 February 2008 until a terminating event occurs and to add $1,100 as a contribution to the costs of XAs special needs. The objections officer decided that from 1 February 2008 until a terminating event occurs, Mr Xs income should be increased to $95,884.

SSAT DECISION

on 28 November 2008 the tribunal decided to affirm the decision under review.
This means that Mr Xs appeal is not successful.


Prescribed Non Agency Payment - 9 December 2008

 Prescribed Non Agency Payment - 9 December 2008
DECISION UNDER REVIEW

A decision made by a Child Support Agency objections officer on 14 July 2008 disallowing Mr Xs objection to an original decision to not credit an amount of $382.30 as a prescribed non-agency payment.

SSAT DECISION

on 9 December 2008 the Tribunal decided to affirm the decision under review. This means the appeal is unsuccessful.


New decisions added 22-08-2009

Additional Income Earned Post Separation - 20 January 2009

 Additional Income Earned Post Separation - 20 January 2009
DECISION UNDER REVIEW

Mr Dunbar v Ms Ellis (Additional Income Earned Post Separation) [2009] SSATACSA 1 (20 January 2009)

Last Updated: 11 August 2009
Additional Income Earned Post Separation - Affirmed APPEAL NUMBER XXXXXX APPLICANT Mr Dunbar OTHER PARTIES Ms Ellis
Child Support Registrar DECISION APPEALED A decision made by an objections officer of the Child Support Agency on 28 October 2008 to not exclude Mr Dunbars post separation income in the assessment of the child support payable by him.

SSAT DECISION

On 20 January 2009 the Tribunal decided to affirm the decision under review.
This means the appeal is unsuccessful.


Prescribed Non Agency Payments - 29 January 2009

 Prescribed Non Agency Payments - 29 January 2009
DECISION UNDER REVIEW

Mr Fielding v Ms Giles (Prescribed Non Agency Payments) [2009] SSATACSA 2 (29 January 2009)

Last Updated: 4 August 2009
Prescribed Non Agency Payments - Set Aside APPEAL NUMBER XXXXXX APPLICANT Mr Fielding OTHER PARTIES Child Support Registrar DECISION APPEALED A decision made by an Objections Officer of the Child Support Agency on 22 September 2008 to partially allow an objection to a decision and to:  refuse to accept payments totalling $204.50 as non agency payments; and
 accept payments totalling $86.28 as prescribed non agency payments.

SSAT DECISION

On 21 January 2009, pursuant to section 103S of the Child Support (Registration & Collection) Act 1988, the Tribunal decided to set aside the decision under review and substitute a decision to accept all of the payments identified in paragraphs 3 and 4 of the Reasons as prescribed non agency payments pursuant to section 71C. This means the appeal was successful.


Extension of Time - 13 February 2009

 Extension of Time - 13 February 2009
DECISION UNDER REVIEW

A decision made by an Objections Officer of the Child Support Agency on 15 October 2008 to refuse Mr Pikes request for an extension of time to lodge an objection against a decision made on 3 July 2008.

SSAT DECISION

On 13 February 2009, the tribunal decided to set aside the decision under review and to substitute a new decision that Mr Pike be granted an extension of time until 4 September 2008 to lodge an objection to a decision dated 3 July 2008 of the Child Support Agency. This means that Mr Pikes appeal is successful.


Change of Assessment - 2 April 2009

 Change of Assessment - 2 April 2009
DECISION UNDER REVIEW

A decision made by an Objections Officer of the Child Support Agency on 28
November 2008 to disallow an objection by Mr Long to a decision made by a senior case officer of the Child Support Agency on 9 April 2008 to set Mr
Longs adjusted taxable income at $58,086 for the period 10 December
2007 to 31 December 2009, and to add $1,700 to the annual rate of child support payable by Mr Long for the period 1 January 2008 to 31 December 2009.

SSAT DECISION

On 2 April 2009 the Tribunal decided to vary the decision under review so that for the period from 9 January 2009 to 31 December 2009 Mr Longs adjusted taxable income is set at $43,066 per annum.


Change of Assessment - 27 April 2009

 Change of Assessment - 27 April 2009
DECISION UNDER REVIEW

A decision made by an objections officer dated 22 September 2008 partly allowing the objection to a decision made on 30 June 2008 by a senior case officer of the Agency. The objections officer decided that the assessment of child support payable by Mr Ingles in the period 1 April to 30 June 2008 should be based on a child support income amount of $68,095 for Mr Ingles and $62780 for Ms Johns, from 1 July 2008 to 30 June 2009 on an adjusted taxable income of $68095 for Mr Ingles and $62780 for Ms Johns and from 1 July 2009 to 30 September 2010 an adjusted taxable income of $70819 for Mr Ingles and $65291 for Ms Johns. The objections officer further decided that in the period 1 April 2008 to 30 September 2010 the assessment of child support payable be increased by $1500 per annum.

SSAT DECISION

On 27 April 2009 the Tribunal decided to set aside the decision and substitute a new decision that: a) the assessment of child support payable in the period 1 April 2008 to 30 June 2008 should be based on a child support income amount of $63010 for Mr Ingles; b) the assessment of child support payable in the period 1 July 2008 to 30 June 2009 should be based on an adjusted taxable income of $63010 for Mr Ingles; c) the assessment of child support payable in the period 1 July 2009 to 30 September 2010 should be based on an adjusted taxable income of $65530 for Mr Ingles; and d) in the period 1 January 2009 to 31 December 2009 the assessment of child support payable be increased by $1068 per annum.


Change of Assessment - 11 May 2009

 Change of Assessment - 11 May 2009
DECISION UNDER REVIEW

A decision made by an objections officer on 9 January 2009 to disallow an objection to a
decision made on 9 October 2008 to set Mr Masons adjusted taxable income at $72,000 for the period 9 September 2008 to 1 October 2010.

SSAT DECISION

On 11 May 2009 the tribunal decided to affirm the decision under review. This means that Mr Masons appeal is not successful.

Change of Assessment - 14 May 2009

Change of Assessment - 14 May 2009
DECISION UNDER REVIEW

A decision made by an objections officer on 10 December 2008 to disallow an objection by Mr Kelly to a decision of a senior case officer dated 21 September 2008 in which the senior case officer found that Mr Kelly had not established any of the grounds relied upon, such that there was no change to the administrative assessment.

SSAT DECISION

On 14 May 2009 the Tribunal decided to set aside the decision under review and substitute its decision that:  For the period 31 March 2008 to 30 June 2008 the annual rate of child support payable by Mr Kelly to Ms Kelly is reduced to nil;  For the period 1 July 2008 to 31 March 2009 the annual rate of child support payable by Mr Kelly to Ms Kelly is reduced to nil;  From 1 April 2009 onwards the usual provisions of the administrative formula are to apply.


Change of Assessment - 2 June 2009

 Change of Assessment - 2 June 2009
DECISION UNDER REVIEW

A decision made by an objections officer on 13 November 2008 to partly allow an objection to a decision made by a senior case officer and to set:

 From 1 January 2008 to 30 June 2008, Mr Ryans child support income amount at $62,020; and

 From 1 July 2008 to 5 September 2010, Mr Ryans adjusted taxable income at $62,020.

SSAT DECISION

On 2 June 2009, pursuant to section 103S of the Child Support (Registration & Collection) Act 1988, the Tribunal decided to set aside the decision of the objections officer made on 13 November 2008 and to substitute a decision that for the period 10 July 2008 to 5 September 2010, Mr Ryans adjusted taxable income be set at $58,468 per annum and Ms Ryans adjusted taxable income be set at $42,000 per annum.


Change of Assessment - 3 July 2009

 Change of Assessment - 3 July 2009
DECISION UNDER REVIEW

A decision made by an objections officer on 22 January 2009 to disallow an objection to a change of assessment decision made on 19 November 2008.

SSAT DECISION


On 3 July 2009, the Tribunal decided to affirm the decision under review. Therefore the appeal is unsuccessful.

 

Care Determination - 6 July 2009

 Care Determination - 6 July 2009
DECISION UNDER REVIEW

Chapman v Etter (Care Determination) [2009] SSATACSA 14 (6 July 2009)

Last Updated: 9 October 2009
APPEAL NUMBER: XXXXXX

APPLICANT: Brad Chapman

OTHER PARTIES: Danika Etter
Registrar, Child Support Agency

DECISION APPEALED A decision made by an objections officer of the Child Support Agency on 24
April 2009 to disallow Mr Chapmans objection to a decision made by an officer of the Child Support Agency on 12 February 2009 and to amend the level of care to reflect that from 9 January 2009 Mr Chapman cares for Fiona for 48 nights in the care period. The decision of 12 February 2009 was that Mr Chapman had care of his child Fiona for 51 nights during the care period from 27 January 2009.

SSAT DECISION

On 6 July 2009 the Tribunal decided to set aside the decision under review and substitute its decision that Mr Chapman has Fiona in his care for 55 nights during the care period from 27 January 2009 to 26 January 2010 and his child support liability is to be reassessed on the basis that Fiona is in his regular care from 27 January 2009. This means that the appeal is successful.


Change of Assessment - 20 July 2009

 Change of Assessment - 20 July 2009
DECISION UNDER REVIEW

A decision made by an objections officer on 6 March 2009 to partially allow an objection to a decision made by a senior case officer so that:

 for the period 10 October 2008 to 1 November 2010, Mr Frees adjusted taxable income is to be set at $79,865 per annum; and

 for the period 10 October 2008 to 31 December 2008, Ms Frees adjusted taxable income is to be set at $18,447 per annum.

SSAT DECISION

On 20 July 2009, pursuant to section 103S of the Child Support (Registration & Collection) Act 1988, the Tribunal decided to set aside the decision under review and substitute a decision that for the period 10 October 2008 to 1 November 2010, Mr Frees adjusted taxable income be set at $196,506.


3 Months Arrears - 31 July 2009

 3 Months Arrears - 31 July 2009
DECISION UNDER REVIEW

A decision made by the Child Support Agency on 22 July 2008 to accept arrears claimed by Ms Jackson during her application for collection for the period 3 April 2008 to 2 July 2008 of $1,374.95.

SSAT DECISION

On 31 July 2009, the Tribunal determined that the decision under review should be set aside. Instead the Tribunal decides that the payments Mr Jackson made on 24 April 2008, 16 May 2008 and 13 June 2008 were made towards his child support obligation and not a loan to Ms Jackson and thus a total of $850 should be credited towards the arrears calculated for the period 3 April 2008 to 2 July 2008.


Extension of Time - 5 August 2009

 Extension of Time - 5 August 2009
DECISION UNDER REVIEW

Yong v Yong (Extension of Time) [2009] SSATACSA 17 (5 August 2009)

Last Updated: 9 October 2009
Appeal number: XXXXXX Applicant: Mr Earl Yong Respondent: Registrar, Child Support Agency Date of Appeal: 28 May 2009 DECISION APPEALED A decision made by the Child Support Agency (the Agency) on 11 May 2009 to refuse an application for an extension of the time within which to lodge an objection to a decision dated 12 January 2009.

SSAT DECISION

On 5 August 2009, the Tribunal decided to set aside the decision under review and send the matter back to the Agency for consideration with the Direction that Mr Yongs objection was lodged within time and that the Agency should proceed to process his objection. This means the appeal is successful.


Change of Assessment - 7 August 2009

 Change of Assessment - 7 August 2009
DECISION UNDER REVIEW

A decision made by an objections officer on 27 March 2009 to disallow an objection by Ms Pineheld to a decision of a senior case officer dated 16 January 2009, pursuant to which Mr Smiths adjusted taxable income was varied to $70,720 for the period 1 January 2009 to 31 December 2009.

SSAT DECISION

On 7 August 2009 the Tribunal decided to set aside the decision under review and substitute its decision that:  For the period 1 January 2009 to 31 December 2010 Mr Smiths adjusted taxable income is varied to $88,000 per annum.


Change of Assessment - 14 August 2009

 Change of Assessment - 14 August 2009
DECISION UNDER REVIEW

A decision made by an objections officer on 5 March 2009 allowing an objection to a senior case officer departure determination on 4 November 2008 and refusing to make a departure determination. The senior case officers departure determination on 4 November 2008 was as follows: (a) For the period 1 January 2008 to 8 September 2008, there is to be no change of
assessment because it would not be just and equitable to do so. (b) For the period 9 September 2008 to 30 September 2008, the adjusted annual rate of child support is set at $333. © For the period 1 October 2008 to 31 December 2009, the adjusted annual rate of
child support is set at $339.

SSAT DECISION

On 14 August 2009, the Tribunal decided to affirm the decision under review as no ground was established for departure from the administrative assessment.


Change of Assessment - 18 August 2009

 Change of Assessment - 18 August 2009
DECISION UNDER REVIEW

A decision made by the Child Support Registrar (the Registrar) on 22 July 2008 to allow in part an objection to an earlier decision of the Registrar. The final decision of the Registrar was to depart from the administrative assessment by determining that for the period from 1 July 2007 to 28 February 2009, Mr Landos child support income amount was to be fixed at $85 000.

SSAT DECISION

 On 18 August 2009 the Tribunal decided to set aside the decision of the objection officer and to substitute a decision that the objection is allowed in part, and that there be the following determinations to depart from the administrative assessment: (i) For the period from 1 July 2007 to 30 June 2008, Mr Landos child support income amount is varied to $109 135; and (ii) For the period from 1 July 2008 to 31 December 2009, Mr Landos adjusted taxable income is varied to $109 135. This decision results in higher rates of child support liable to be paid by Mr Lando than those resulting from the Registrars decision that was under review.


Change of Assessment - 20 August 2009

 Change of Assessment - 20 August 2009
DECISION UNDER REVIEW

A decision made by an objections officer on 19 December 2008 to disallow an objection to a decision of the Registrar to depart from the administrative assessment by setting Mr Horsewires adjusted taxable income at $40,000 for the period 1 July 2008 until 30 September 2009.

SSAT DECISION

On 20 August 2009 the Tribunal decided to set aside the decision under review and substituted its decision to set Mr Horsewires adjusted taxable income at $60,381 for the period 1 July 2008 until 31 December 2009 and to increase the costs of the child by $1,748 for the period 1 January 2009 until 31 December 2009.


Particulars of Assessment Mulit Case Allowance - 24 August 2009

 Particulars of Assessment Mulit Case Allowance - 24 August 2009
DECISION UNDER REVIEW

A decision made by an objections officer on 4 June 2009 to disallow an objection to a decision to vary the particulars of the administrative assessment as to the annual rate payable with effect from 27 March 2009, by adding a multi-case allowance of $3,033 and applying a multi-case cap.

SSAT DECISION

On 24 August 2009 the Tribunal decided to affirm the decision under review.


Change of Assessment - 31 August 2009

 Change of Assessment - 31 August 2009
DECISION UNDER REVIEW

A decision made by an objections officer of the Child Support Agency (CSA) on 4 June 2009 to allow an objection to a decision made by a CSA senior case officer on 21 April 2009 and decide that:  the decision of the senior case officer dated 3 April 2009 be set aside;  for the period 1 April 2009 to 24 September 2011 the annual rate payable by Mr Orchard be set at $3,778; and  thereafter, the normal provisions of the Child Support (Assessment) Act 1989 apply.

SSAT DECISION

 On 31 August 2009 the Tribunal decided to set aside the decision under review and substitute its decision that:  for the period 1 July 2008 to 14 November 2008 Mr Orchards child
support liability is set at the rate of $25,633 per annum;  for the period 15 November 2008 to 31 December 2008 when the three children were 13 years and over Mr Orchards child support liability is set at the rate of $27,784 per annum;  for the period 1 January 2009 to 18 March 2009 when the three children were 13 years and over and Qubert is taken to have commenced work Mr Orchards child support liability is set at the rate of $18,798 per annum;
 for the period 19 March 2009 to 19 July 2009 when Ricki was in Mr
Orchards care Mr Orchards child support liability is set at the rate of
$6,891 per annum;  for the period 20 July 2009 to 12 October 2009 Mr Orchards child support liability is set at $18,798 per annum;  for the period 13 October 2009 to 24 September 2011 the child support assessment is to be set on the adjusted taxable incomes of Mr Orchard and Ms Orchard. Sasha is no longer a child of the assessment. Qubert and Ricki are children of the assessment and in respect of Qubert the assessment is to be varied and reduced so that the amount payable for Qubert is assessed on the following basis: o for the period 13 October 2009 to 31 December 2009 on one half of the relevant cost of the child for a child aged 13 years and over; o for the period 1 January 2010 to 31 December 2010 on one-third of the relevant cost of the child; and o for the period 1 January 2011 to 24 September 2011 on one quarter of the relevant cost of the child; and  thereafter, the normal provisions of the Child Support (Assessment) Act 1989 are to apply. This means that the appeal is not successful.


Care - 1 September 2009

 Care - 1 September 2009
DECISION UNDER REVIEW

A decision made by the Child Support Agency on 3 April 2009, to refuse Ms Quans request to change the level of care for Teagan and Jack. An objections officer disallowed an objection to this decision on 17 June 2009.

SSAT DECISION

On 1 September 2009 the Tribunal decided to set aside the decision under review and send the matter back to the Registrar of the Child Support Agency for reconsideration in accordance with the following directions:  Ms Quan is to be assessed as having a percentage of care of 100% for the children Teagan and Jack from 3 April 2009.  Mr Quan is to be assessed as having a percentage of care of 0% for the children Teagan and Jack from 3 April 2009. This means the appeal is successful.


Estimate Reconciliation - 3 September 2009

 Estimate Reconciliation - 3 September 2009
DECISION UNDER REVIEW

A decision made by an objections officer on 17 June 2009 to partly allow an objection to a decision to reconcile an estimate of income lodged by Mr Storch, and impose estimate penalties, so that for the period 1 May 2002 to 30 November 2002 the child support assessment be based on a child support income amount of $95,298 for him.

SSAT DECISION

On 3 September 2009, pursuant to section 103S of the Child Support (Registration & Collection)Act 1988, the Tribunal decided to affirm the decision under review.


 

Change of Assessment - 4 September 2009

 Change of Assessment - 4 September 2009
DECISION UNDER REVIEW

A decision made by an objections officer of the Child Support Agency on 2 March 2009, disallowing an objection to a decision of a senior case officer of the Child Support Agency on 21 November 2008, that there is no reason established to depart from the administrative assessment of child support.

SSAT DECISION

On 4 September 2009 the Tribunal reconvened and decided to affirm the decision under review. This means the appeal is not successful.


 

Care - 7 September 2009

 Care - 7 September 2009
DECISION UNDER REVIEW

A decision made by an objections officer on 30 June 2009 to disallow an objection by Mr Bolt to a decision made on 20 April 2009 to change to his level of care for the child, Eddy, from greater than primary care (365 nights) to shared care (182 nights).

SSAT DECISION

On 7 September 2009 the Tribunal decided to vary the decision under review by deciding that Mr Bolt has a percentage of care of 72% of Eddy from 6 April 2009 and Ms Dart has a percentage of care of 28% of Eddy from 6 April 2009.
This means the appeal is partly successful.


17 September 2009 - 17 September 2009

 17 September 2009 - 17 September 2009
DECISION UNDER REVIEW

A decision made by a Child Support Agency objection officer on 29 June 2009 to disallow an objection to a decision made by the Child Support Agency on 16 April 2009 to accept an estimate of income from Mr Maxwell from 15 April 2009 (and not before).

SSAT DECISION

On 17 September 2009 the Tribunal decided to affirm the decision under review.


19 October 2009 - 19 October 2009

 19 October 2009 - 19 October 2009
DECISION UNDER REVIEW

A decision made by an objections officer on 6 May 2009 disallowing an objection to a Senior Case Officers departure determination on
19 February 2009. That decision was to set Ms Palmans adjusted taxable income at $84,000 for the period 9 February 2009 until 23 October 2009 and to set Mr Ontrals adjusted taxable income at $88,000 for the same period.

SSAT DECISION

DECISION AND REASONS FOR DECISION APPLICANT Betty PALMAN OTHER PARTIES Don ONTRAL Child Support Registrar APPEAL NUMBER XXXXXX DECISION UNDER REVIEW A decision made by an objections officer on 6 May 2009 disallowing an objection to a Senior Case Officers departure determination on
19 February 2009. That decision was to set Ms Palmans adjusted taxable income at $84,000 for the period 9 February 2009 until 23 October 2009 and to set Mr Ontrals adjusted taxable income at $88,000 for the same period. HEARING BY TRIBUNAL The application was heard on 16 September 2009. The members of the Tribunal were: XXXX, Presiding Member
XXXX On 16 September 2009 the Tribunal adjourned to obtain further information. ATTENDANCE Ms Palman attended the hearing by conference telephone and gave affirmed evidence to the Tribunal. Mr Ontral attended the hearing and gave affirmed evidence to the Tribunal. The Child Support Registrar did not attend the hearing. DECISION On 19 October 2009 the Tribunal decided to set aside the decision under review, and substitute it with the following decision: a) That there be a departure from the administrative assessment; and b) For the period 19 January 2009 up to and including 13 July 2009 set Ms Palmans adjusted taxable income at $40,439 and Mr Ontrals adjusted taxable income at $83,171; and c) For the period 14 July 2009 until 4 October 2009 set Ms Palmans adjusted taxable income at $73,974 and Mr Ontrals adjusted taxable income at $86,800; and d) By consent, for the period 5 October 2009 until 30 June 2010 the annual rate of child support payable by Ms Palman to Mr Ontral is set at $4,160 ($80 per week). This means that there will be a reduction on the amount of child support payable by Ms Palman to Mr Ontral and will create an overpayment of child support from Ms Palman to Mr Ontral.


6 November 2009 - 6 November 2009

 6 November 2009 - 6 November 2009
DECISION UNDER REVIEW

A decision made by an objections officer on 25 September 2009 to allow an objection to a decision made by the Child Support Agency (CSA), and to record Mr Moore as having 92 nights of care and Mrs Moore 273 nights of care for their son Noah from 4 June 2009.

SSAT DECISION

On 6 November 2009, pursuant to section 103S of the Child Support (Registration & Collection) Act 1988, the Tribunal decided to set aside the decision of the objections officer made on 25 September 2009 and to substitute a new decision that Mr Moore has 13% (below regular care) for Noah and Mrs Moore has 87% (above primary care) from 4 June 2009.


9 November 2009 - 9 November 2009

 9 November 2009 - 9 November 2009
DECISION UNDER REVIEW

A decision made by the Child Support Agency on 15 May 2009 to reconcile an estimate of income for the period from 9 August 2001 to 31 January 2002 of nil with an income of $23,955 per annum and to reconcile an estimate of income for the period from 1 September 2001 to 30 November 2002 of nil with an income of $33,593 per annum. Mr Yantils objection to this decision was disallowed by a Child Support Agency objections officer on 28 July 2009.

SSAT DECISION

On 9 November 2009 the Tribunal decided to affirm the decision under review. This means that Mr Yantils appeal is not successful.


24 November 2009 - 24 November 2009

 24 November 2009 - 24 November 2009
DECISION UNDER REVIEW

A decision made by an objections officer on 18 August 2009 disallowing an objection by Mr Winter to the refusal to remit late payment penalties.

SSAT DECISION

On 24 November 2009 the Tribunal decided to set aside the decision under review and substitute a decision that late payment penalties for the period 3 April 2002 to 18 May 2009 be remitted to Mr Winter. This means that any money already recovered should be repaid to Mr Winter.


4 December 2009 - 4 December 2009

 4 December 2009 - 4 December 2009
DECISION UNDER REVIEW

A decision made by an objections officer on 27 July 2009 to partly allow Mr Clarkes objection to an interim care determination on 7 May 2009, that the percentage of care for Francesca Clarke be changed from 61% to Mrs Clarke and 39% to Mr Clarke to 100% to Mrs Clarke from 6 March 2009. The decision of the objections officer provided that the interim care determination of 100% care to Mrs Clarke commence from 6 March 2009; however, that from 7 May 2009, the percentage of care for Francesca was to be changed to 61% to Mrs Clarke [222 nights per year] and 39% to Mr Clarke [143 nights per year].

SSAT DECISION

On 4 December 2009, the Tribunal reconvened and set aside the decision under review and substitutes its decision that there be no interim care determination in respect of the application lodged by Mrs Clarke on 6 March 2009 and that the particulars of the assessment, namely the percentages of care in respect of Francesca, remain at 39% for Mr Clarke from 6 March 2009 and 61% for Mrs Clarke from 6 March 2009.


9 December 2009 - 9 December 2009

 9 December 2009 - 9 December 2009
DECISION UNDER REVIEW

DECISION APPEALED: A decision made by a Child Support Agency objections officer on 24 July 2009 to disallow Ms Mannings objection to the decision of 29 April 2009 to credit Mr Nicks with payments totalling $2,896.25 from 27 October 2008 to 27 February 2009 that he had made for car loan payments as Prescribed Non Agency Payments. APPLICANT: Ms Lauren Manning SECOND PARTY: Mr Phillip Nicks RESPONDENT PARTY: Child Support Registrar DATE APPEAL LODGED: 18 August 2009

SSAT DECISION

On 9 December 2009, the Tribunal decided to set aside the decision under review and substitute a new decision that the car loan repayments of $2,896.25 made by Mr Nicks should not be credited as Prescribed Non Agency Payments against his child support liability. This means the appeal was successful.


22 December 2009 - 22 December 2009

 22 December 2009 - 22 December 2009
DECISION UNDER REVIEW

A decision made by an objections officer dated 6 February 2009 disallowing an objection to a decision made on 23 December 2008 by a senior case officer of the Child Support Agency not to make a departure determination.

SSAT DECISION

On 22 December 2009 the Tribunal decided to affirm the decision under review.


18 January 2010 - 18 January 2010

 18 January 2010 - 18 January 2010
DECISION UNDER REVIEW

A decision made by an objections officer on 3 November 2009 to partly allow Mr Jamess objection to a decision made on 4 August 2009 to set his annual rate of child support at $356 for the period 21 May 2009 to 28 August 2009 and then at $6,000 for the period 29 August 2009 to 30 March 2010. The objections officer decided that Mr Jamess annual rate of child support should be set at $356 for the period 21 May 2009 to 27 November 2009 and then at $6,000 for the period 28 November 2009 to 30 March 2010.

SSAT DECISION

On 18 January 2010 the tribunal decided to set aside the decision under review and to substitute a new decision that Mr Jamess annual rate of child support is set at $3,653 for the period 21 May 2009 to XX XXXX 2011, or the date another terminating event occurs in respect of the assessment for Roger, whichever is the later. This means that Ms Hattwheels appeal is partly successful.


27 January 2010 - 27 January 2010

 27 January 2010 - 27 January 2010
DECISION UNDER REVIEW

A decision made by an objections officer on 3 April 2009 to allow an objection by Ms Nell to a decision of a senior case officer of the Agency dated 21 January 2009 and making a departure determination as follows: That the rate of child support be fixed at $1,000 per month from 1 January 2009 to 31 March 2009 and then from 1 April 2009 until 31 March 2010 Mr Nells adjusted taxable income be fixed at $84,355 per annum.

SSAT DECISION

On 27 January 2010 the Tribunal decided to set aside the decision under review and substitute its decision that:

    * For the period 1 July 2008 to 30 June 2010 the adjusted taxable income of Mr Nell is set at $85,000 per annum and the adjusted taxable income of Ms Nell is set at $28,000 per annum.


9 February 2010 - 9 February 2010

 9 February 2010 - 9 February 2010
DECISION UNDER REVIEW

A decision made by an objections officer on 6 October 2009 to disallow an objection to a decision made by a senior case officer and for the period 21 April 2009 to 31 October 2010 set the annual child support payable by Mrs Mason at $4,941.

SSAT DECISION

On 9 February 2010, pursuant to section 103S of the Child Support (Registration & Collection) Act 1988, the Tribunal decided to set aside the decision of the objections officer made on 6 October 2009 and substitute a decision that there be no departure from the administrative assessment and therefore from 21 April 2009, the child support payable by Mrs Mason be calculated using the administrative assessment.


23 February 2010 - 23 February 2010

 23 February 2010 - 23 February 2010
DECISION UNDER REVIEW

A decision made by an objections officer on 27 October 2009 partly allowing an objection and amending the particulars of the assessment such that the percentage of care attributed to Mrs Amber was 79% and the percentage of care attributed to Mr Chip was 21% from 8 July 2009.

SSAT DECISION

On 23 February 2010 the Tribunal decided to set aside the decision under review and substitute its decision that the particulars of assessment regarding the percentage of care be amended from 18 August 2009 such that Mrs Amber is attributed with a 93% percentage of care and Mr Chip is attributed with a 7% percentage of care.


15 March 2010 - 15 March 2010

 15 March 2010 - 15 March 2010
DECISION UNDER REVIEW

A decision made by a Child Support Agency Objections Officer on 23 November 2009 to disallow an objection to a decision made by a Senior Case Officer on 1 September 2009 to depart from the administrative assessment of child support and to determine that the annual rate of child support for the period 1 October 2009 to 31 December 2010 is $6,810.

SSAT DECISION

On 15 March 2010, the Tribunal decided to set aside the decision under review and substitute its decision that there is to be a departure from the administrative assessment of child support and Mr Denniss adjusted taxable income is to be $107,500 for the period 1 October 2009 until 31 December 2011.


22 March 2010 - 22 March 2010

 22 March 2010 - 22 March 2010
DECISION UNDER REVIEW

A decision made by an objections officer on 15 January 2010 to allow an objection to a decision of the Child Support Agency to accept an application made by Ms Hewitt for the fixed annual rate of child support not to be applied.

SSAT DECISION

On 22 March 2010 the Tribunal decided to affirm the decision under review. This means that the appeal is unsuccessful.


15 April 2010 - 15 April 2010

 15 April 2010 - 15 April 2010
DECISION UNDER REVIEW

A decision made by an objections officer on 17 November 2009 to partly allow an objection to a decision made by a senior case officer, and to fix the assessment of child support payable by Mr Victor for the period 1 September 2009 to 30 September 2011 to be based on an adjusted taxable income for him of $67,000; with the assessment of child support to be reduced by an amount of $1,830 for the period 1 September 2009 to 20 October 2009 and by an amount of $1,008 for the period 1 November 2009 to 30 September 2011.

SSAT DECISION

On 15 April 2010, pursuant to section 103S of the Child Support (Registration & Collection) Act 1988 (the Registration Act), the Tribunal decided to set aside the decision under review and substitute a decision that:

1. For the period 1 September 2009 to 31 December 2009 Mr Victor be assessed to pay child support at an annual rate of $5,400.

2. For the period 1 January 2010 to 31 December 2010 Mr Victor be assessed to pay child support at an annual rate of $5,196.


20 April 2010 - 20 April 2010

 20 April 2010 - 20 April 2010
DECISION UNDER REVIEW

A decision made by an objections officer on 4 December 2009 to disallow Mr Ibis objection to a decision made on 17 September 2009 to set his adjusted taxable income at $81,498 for the period 2 June 2009 to 31 December 2010 and to set Ms Ibis adjusted taxable income at $41,358 for the same period.

SSAT DECISION

On 20 April 2010 the tribunal decided to affirm the decision under review.


3 May 2010 - 3 May 2010

 3 May 2010 - 3 May 2010
DECISION UNDER REVIEW

A decision made by an objections officer on 19 January 2010 to disallow Mr Klines objection to a decision of the Child Support Agency made on 2 November 2009 to reject Mr Klines request made on 27 April 2009 to amend the particulars of the child support assessment to show a care percentage for Opal and Paul of 86% for Mr Kline and 14% for Mrs Kline.

SSAT DECISION

On 3 May 2010 the Tribunal decided to affirm the decision under review.


18 May 2010 - 18 May 2010

 18 May 2010 - 18 May 2010
DECISION UNDER REVIEW

A decision made by an objections officer dated 4 February 2010 disallowing an objection to a decision made on 12 November 2009 by a senior case officer of the Child Support Agency.

SSAT DECISION

On 18 May 2010 the Tribunal decided to affirm the decision under review. This means the appeal was unsuccessful.


21 May 2010 - 21 May 2010

 21 May 2010 - 21 May 2010
DECISION UNDER REVIEW

A decision made by an objections officer on 22 March 2010 allowing an objection to a decision on 4 November 2009 to accept an election by Ms Field to have the assessment based on her estimate of her adjusted taxable income. The objection officer reversed that decision, changing it to a decision to refuse Ms Fields election.

SSAT DECISION

On 21 May 2010 the Tribunal decided to affirm the decision under review. This means that the child support assessment is unchanged by the Tribunals review.

 

27 May 2010 - 27 May 2010

 27 May 2010 - 27 May 2010
DECISION UNDER REVIEW

A decision made by an objections officer on 24 February 2010 disallowing an objection lodged by Mr Crocker. The objection related to a decision of the Child Support Registrar on 21 December 2009 not to credit three payments of $500, which Mr Crocker had claimed as non-agency payments.

SSAT DECISION

APPLICANT: Charlie Crocker OTHER PARTIES: Annie Gunn, Child Support Registrar APPEAL NUMBER: XXXX DECISION UNDER REVIEW A decision made by an objections officer on 24 February 2010 disallowing an objection lodged by Mr Crocker. The objection related to a decision of the Child Support Registrar on 21 December 2009 not to credit three payments of $500, which Mr Crocker had claimed as non-agency payments. HEARING BY TRIBUNAL The application was heard on 27 May 2010. The members of the Tribunal were: XXXX: Presiding Member, XXXX ATTENDANCE Mr Crocker attended the hearing via telephone conference and gave affirmed evidence to the Tribunal. Ms Gunn attended the hearing via telephone conference and gave affirmed evidence to the Tribunal. The Child Support Registrar was not represented at the hearing. DECISION On 27 May 2010 the Tribunal decided to affirm the decision under review.


2 July 2010 - 2 July 2010

 2 July 2010 - 2 July 2010
DECISION UNDER REVIEW

A decision made by an objections officer on 29 January 2010 to disallow an objection to a decision made by a senior case officer to fix the annual rate of child support payable by Mr Chaffey for the period 1 October 2009 to 30 June 2010 at $24,202 annually.

SSAT DECISION

On 2 July 2010, the Tribunal decided to set aside the decision of the objections officer made on 29 January 2010 and to substitute a decision that:

   1. For the period 1 October 2009 to 19 June 2012, Mr Chaffey be assessed to pay child support at an annual rate of $30,000.


15 July 2010 - 15 July 2010

 15 July 2010 - 15 July 2010
DECISION UNDER REVIEW

A decision made by an objections officer on 2 June 2010 to allow an objection to a decision to accept an estimate of income lodged by Mr Lawler on 1 April 2010.

SSAT DECISION

On 15 July 2010, pursuant to section 103S of the Child Support (Registration & Collection) Act 1988, the Tribunal decided to set aside the decision under review and substitute a decision that Mr Lawlers estimate of income, lodged on 1 April 2010, be accepted. This means the appeal was successful.


22 July 2010 - 22 July 2010

 22 July 2010 - 22 July 2010
DECISION UNDER REVIEW

A decision made by an objections officer on 27 April 2010 to partly allow an objection so that arrears of child support of $278.89 are collectable for the three months arrears period 12 October 2009 to 11 January 2010.

SSAT DECISION

On 22 July 2010, pursuant to section 103S of the Child Support (Registration & Collection) Act 1988 (the Act), the Tribunal decided to vary the decision under review so that arrears of $296.31 are collectable for the three months arrears period 12 October 2009 to 11 January 2010. This means the appeal was unsuccessful.


28 July 2010 - 28 July 2010

 28 July 2010 - 28 July 2010
DECISION UNDER REVIEW

A decision made by an objections officer on 25 March 2010 to disallow an
objection by Ms Jenkins to a decision made on 14 January 2010 to assess Ms Jenkins percentage of care for Keisha and James as 51% from 18 November 2009.

SSAT DECISION

On 28 July 2010 the Tribunal decided to set aside the decision under review and substitute a new decision that Ms Jenkins should be assessed as having percentage of care for Keisha and James of 100% from 18 November 2009. This means that Ms Jenkins appeal is successful.


5 August 2010 - 5 August 2010

 5 August 2010 - 5 August 2010
DECISION UNDER REVIEW

A decision made by an objections officer on 23 February 2010 to disallow Mr Kennedys objection to a decision of the Child Support Agency (CSA) to refuse an application for a departure from the administrative assessment of child support under section 98F(a) of the Child Support (Assessment) Act 1999.

SSAT DECISION

APPLICANT: Paul KENNEDY OTHER PARTIES: Joan KENNEDY, Child Support Registrar APPEAL NUMBER: XXXX DECISION UNDER REVIEW A decision made by an objections officer on 23 February 2010 to disallow Mr Kennedys objection to a decision of the Child Support Agency (CSA) to refuse an application for a departure from the administrative assessment of child support under section 98F(a) of the Child Support (Assessment) Act 1999. HEARING BY TRIBUNAL The application was heard on 26 July 2010 in XXXX. The members of the Tribunal were: XXXX: Presiding Member, XXXX ATTENDANCE Mr Kennedy attended the hearing and spoke to the Tribunal. Ms Kennedy participated in the hearing by telephone. The Child Support Registrar did not attend the hearing. DECISION On 5 August 2010 the Tribunal decided to affirm the decision under review. This means that Mr Kennedys application for a change of assessment is rejected.


5 August 2010 - 5 August 2010

 5 August 2010 - 5 August 2010
DECISION UNDER REVIEW

A decision made by an objections officer dated 23 April 2010 disallowing an objection to a decision made on 4 December 2009 by a senior case officer of the Agency not to make a departure determination.

SSAT DECISION

On 5 August 2010 the Tribunal decided to affirm the decision under review that pursuant to section 98F of the Child Support (Assessment) Act 1989 there are no grounds for departing from the administrative assessment of child support.


12 August 2010 - 12 August 2010

 12 August 2010 - 12 August 2010
DECISION UNDER REVIEW

APPEAL NO: XXXXX APPLICANT: Mr Greg LAMB DECISION APPEALED A decision of an officer of the Child Support Agency on 8 May 2010 to refuse Mr Lamb an extension of time to lodge an objection to a decision made on 2 October 2009 to depart from the child support assessment and to set Mr Lambs adjusted taxable income at $380,741 from 26 August 2009 to 25 August 2011.

SSAT DECISION

On 12 August 2010 the tribunal decided to set aside the decision under review and to substitute a new decision to grant Mr Lamb an extension of time until 9 April 2010 to lodge an objection against the decision made on 2 October 2009. This means that Mr Lambs appeal is successful.


12 August 2010 - 12 August 2010

 12 August 2010 - 12 August 2010
DECISION UNDER REVIEW

A decision made by an objections officer dated 11 June 2010 disallowing an objection to a decision made on 1 April 2010 by a senior case officer of the Child Support Agency to make a departure determination as follows:

    * For the period 22 February 2010 to 31 December 2011 the annual rate of child support payable by Mr Steve Morgan be varied to $1,193.

SSAT DECISION

On 12 August 2010 the Tribunal decided to set aside the decision under review and to substitute its decision that the administrative assessment is to be departed from and for the period 22 February 2010 to XXXX 2011 Mr Morgans adjusted taxable income is varied to $45,000 per annum,


New decisions added 15-02-2011

Note! New decisions will be added when they are located.

Last edit: by MikeT

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