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SSAT AND RESOURCES

SSAT

Hi all.

I may get no response here however this is the scenario.

No longer working due to medical reasons, CSA agreed to accept this evidence and have no problem with this.

Initially slapped with three figure number as a determined resource regardless, as the agency determined my expenditure prior to leaving meant that I must have resources at my fingertips in order to survive.

A review reduced the figure considered a resource, however the figure being used remains high as my new partners income is in efffect being dragged in. The figure they are attributing is over double the actual income of my former partner.

Currently going to SSAT, where I have to provide income and expenditure of the household, however at the same time it appears we are not supposed to discuss this review with our partners?

Any recent dealings out there with SSAT and determination of resources?

Simply put, the resource being claimed I have at my fingertips is almost the entirety of my partners income and that person has there own kids to look after.

I cant see how the figure will be upheld, just curious as to thoughts out there…

 
Generally the advice I give is that SSAT used to give you a fair chance. However, more recently the limited feedback appears to indicate that they may very well dig their claws in even deeper.

I think you will find that you are prohibited from publishing. That does not prevent you from discussing the matter with your partner nor on here as long as you don't publish.

eg if it says
"Fred Blogss has an income of 24,000 but we have used our wands to magically make that sum 124,000."

Then you could say to us:

X has an income of 24000 but we have used our wands to magically make that sum 124,000.

Is it Change of Assessment Reason 8 (financial resources)?
Search the following case on Austlii :-

Jordan & Verne (SSAT Appeal) [2012] FMCAfam 21

This case sets a precedent that a spouses income cannot be used by CSA/SSAT as a financial resource.

As far as I am aware, this precedent has not been overturned, to date.

A child is a gift, not a weapon. To be a parent is a privilege, one which unfortunately some parents do not deserve.
Thank you kathg.  Whilst different in some ways, this seems to make it clear cut that the income/resource of your current partner cannot be used.

Good precedent accordingly.

 :)


Can you give us an update as to how your matter is progressing. I think if SSAT are pursuing your partners income then they may try it with other payers. It is important that people know how to defend themselves from the incorrect use of this legislation, and to also introduce some consistency in the SSAT as to how these matters are handled.
BDouble.. SSAT have not pursued it, CSA has. We are going to SSAT to have this reviewed. I hope, that the precedent of Jordan & Verne means that in effect the rulings of CSA will be overturned by SSAT.

Currently awaiting the packs of information, where I'm sure CSA will only send whatever suits their decision but what can you do.

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