Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018 (36 of 2018)

Schedule 1   Child support amendments

Part 4   Overpayments

Division 3   Date of effect rules

Child Support (Assessment) Act 1989

178   After section 150E

Insert:

150F Suspension of liability to pay child support if notification delayed when persons have swapped eligible carer roles

(1) The Registrar must make a determination (a suspension determination ) that child support is not payable for a child by a liable parent to another person if:

(a) the Registrar or Secretary is notified, or otherwise becomes aware, that:

(i) all persons who were eligible carers of the child have ceased to be eligible carers of the child; and

(ii) a parent who was not an eligible carer of the child would have become an eligible carer of the child but for subparagraph 54F(3)(b)(i); and

(b) the Registrar or Secretary is notified, or otherwise becomes aware, of the matter in subparagraph (a)(ii) more than 28 days after the relevant change of care day but before the end of 26 weeks after that day.

(2) If the Registrar makes a suspension determination, child support for the child is not payable by the liable parent to the other person:

(a) from that change of care day; and

(b) until the day before the Registrar or Secretary is notified, or otherwise becomes aware, of the matter in subparagraph (1)(a)(ii).