Document ID: chunk:federal_register_of_legislation:C2010C00151:clause:1_66:p1
Version: federal_register_of_legislation:C2010C00151
Segment Type: clause
Provision Reference: sch 1 cl 66 (pt 1/3)
Character Range: 95287–97823

66  Minimum annual rate of child support

Assessment of annual rate

 (1) The Registrar must assess the total of the annual rates of child support payable by a parent for all the children in a child support case for a day in a child support period as the minimum annual rate of child support for the child support period if:
 (a) the parent does not have at least regular care of at least one of the children in the child support case for the day; and
 (b) either of the following applies:
 (i) the parent receives an income support payment at the maximum basic rate during the child support period;
 (ii) if subparagraph (i) does not apply—the total payable by the parent for all the children in the child support case would (apart from this section) be assessed as less than the minimum annual rate of child support for the child support period.

Note: The Registrar must not make an assessment under this subsection in certain cases (see subsections (2) and (8)).

 (2) To avoid doubt, the Registrar must not make an assessment in respect of a parent whose annual rate of child support could be assessed under section 65A (low income parents not on income support) unless the Registrar has determined under section 65B that section 65A does not apply.

When assessment applies

 (3) An assessment in respect of a parent covered by subparagraph (1)(b)(i) applies to each day in the period:
 (a) beginning on the first day in the child support period on which the parent receives the income support payment at the maximum basic rate; and
 (b) ending:
 (i) if the parent continues to receive the income support payment at the maximum basic rate until the end of the child support period—at the end of the child support period; or
 (ii) if the parent ceases to receive the income support payment at the maximum basic rate before the end of the child support period—28 days after the day on which the parent ceases to receive the payment at that rate (even if that day is after the end of the child support period).

 (4) An assessment in respect of a parent covered by subparagraph (1)(b)(ii) applies to each day in the period:
 (a) beginning on the first day in the child support period on which the total payable by the parent in respect of the child support case would (apart from this section) be assessed as less than the minimum annual rate of child support for the child support period; and
 (b) ending:
 (i) if the parent would be so assessed until the end of the child support period—at the end of the child support period; or