Document ID: chunk:federal_register_of_legislation:C2010C00151:clause:1_66:p2
Version: federal_register_of_legislation:C2010C00151
Segment Type: clause
Provision Reference: sch 1 cl 66 (pt 2/3)
Character Range: 97606–100140

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
 (ii) otherwise—28 days after the day on which the person would cease to be so assessed (even if that day is after the end of the child support period).

How much is the minimum annual rate

 (5) The minimum annual rate of child support is $320.

Note: The minimum annual rate of child support specified in subsection (5) is indexed under section 153A.

 (6) If:
 (a) the Registrar makes an assessment in respect of a parent under subsection (1); and
 (b) the parent is assessed (whether under subsection (1) or otherwise) for a day in a child support period in respect of the costs of children in more than 3 child support cases;
then the annual rate of child support payable by the parent for a day in the child support period for a particular child support case is:

Paying the minimum annual rate to more than one person for a single child support case

 (7) If the rate worked out under subsection (5) or (6) is payable by a parent for a child support case to:
 (a) the parent of the children to whom the case relates and to one or more non‑parent carers of those children; or
 (b) 2 or more non‑parent carers of those children;
then:
 (c) if 2 or more persons have equal percentages of care of the children, and those percentages are the highest percentages—each of those persons is entitled to be paid an equal proportion of the annual rate of child support that is payable by the parent; and
 (d) otherwise—only the person who has the highest percentage of care of the children is entitled to be paid the annual rate of child support that is payable by the parent.

Registrar not to make minimum rate assessment in certain cases

 (8) The Registrar must not make an assessment under subsection (1) in relation to the child support payable by a parent:
 (a) in accordance with a determination made under Part 6A (departure determinations); or
 (b) in accordance with an order made under Division 4 of Part 7 (departure orders); or
 (c) in accordance with provisions of a child support agreement that have effect, for the purposes of this Part, as if they were such an order made by consent.

Definition of income support payment

 (9) In this Act:

income support payment:
 (a) has the meaning given by subsection 23(1) of the Social Security Act 1991; and
 (b) includes a payment under the ABSTUDY scheme