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The Registrar may give more weight to some factors than to others depending on the particular circumstances of the case.
The factors include: The terms 'unjust and inequitable' and 'unfair' are associated with 3 of the reasons for a change of assessment (reason 4 (2.6.10), reason 5 (2.6.11) and reason 8 (2.6.14)).
Before any of those reasons can be established, it must first be demonstrated that the administrative assessment results in an unfair level of child support.
This may seem to be duplicated by the need to consider whether a decision is fair but it is necessary to establish that an assessment is unfair before considering whether a change to the assessment would be just and equitable.
Family Benefits Advice Service If you have any questions about backdating, or Childcare Vouchers more generally, call our Family Benefits Advice Service for free, impartial and confidential advice on 08 (lines open Monday-Friday 8am-5pm).
Following changes to the Childcare Voucher scheme, we have created a ‘Back to Basics Guide to Childcare Vouchers’ – read the guide in full here.
The duty to support a child applies to all the children of a parent equally (see CSA Act paragraph 117(4)(e)).
A much wider examination of the financial resources of the individual is made when the Registrar considers whether to change an assessment.
If a parent's income has changed significantly then this may be a factor in deciding whether a change should be made.
While a reduction of income of less than 15% of the adjusted taxable income would not alone constitute a special circumstance under Reason 8, if a ground to change the assessment has otherwise been established, the parent's reduced income should be considered as part of the just and equitable considerations and will be relevant in making the determination.
If the carer is not a parent of the child for whom child support is payable, that carer has no legal duty to support the child.
The Registrar will therefore not take into account a non-parent carer's income, earning capacity, property or financial resources when considering whether a change to the assessment is fair.