Commonwealth Numbered Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989 No. 124 of 1989 - SECT 128

128. (1) This section applies if:

   (a)  the court has made an order under section 124 that includes a
        statement that the child support ordered to be provided by the
        liable parent is to be credited against the liable parent's liability
        under any relevant administrative assessment; and

   (b)  the custodian entitled to child support is in receipt of an income
        tested pension, allowance or benefit (whether or not he or she was in
        receipt of the pension, allowance or benefit when the order was made).

(2) If the custodian entitled to child support applies to the Registrar, in
the appropriate approved form, for any relevant administrative assessment to
be made as required by this section, the Registrar must immediately take such
action as is necessary to give effect to the application (as from the time
when the application was made to the Registrar) in relation to any relevant
administrative assessment that has been made (whether by amending the
assessment or otherwise).

(3) In making a relevant administrative assessment while the application
remains in force, the Registrar must:

   (a)  work out whether, apart from this section, the annual rate of child
        support referred to in paragraph 127 (3) (a) would be reduced under
        paragraph 127 (3) (b) by more than 25%; and

   (b)  if the annual rate would be so reduced by more than 25%-work out
        whether, if the annual rate were instead reduced by only 25%, the
        custodian entitled to child support would be entitled to continue to
        receive the income tested pension, allowance or benefit; and

   (c)  if paragraph (b) applies and the custodian entitled to child support
        would be so entitled to continue to receive the income tested pension,
        allowance or benefit-the Registrar must, under paragraph 127 (3) (b),
        reduce the annual rate by only 25%.

(4) The application stops being in force when:

   (a)  the custodian entitled to child support notifies the Registrar, in the
        appropriate approved form, that he or she no longer wants any relevant
        administrative assessment to be made as required by this section; or

   (b)  the custodian entitled to child support is no longer in receipt of any
        income tested pension, allowance or benefit; or

   (c)  a child support terminating event happens in relation to the child
        concerned, the custodian entitled to child support, the liable parent
        or all 3 of them.

(5) If the application stops being in force, the Registrar must immediately
amend any relevant administrative assessment that has been made (as from the
time when the application stopped being in force) so that the assessment is
made as required by this Act (apart from this section).