79BSuspension determinations—pending SSAT and court reviews

79B Suspension determinations—pending SSAT and court reviews

Suspension determinations (1) The Registrar may make a determination (a suspension determination) that a payee of a registered maintenance liability in relation to a child is not entitled under subsection 76(1) to be paid an amount that is payable for the child by the payer of the liability if: (a) any of the following proceedings has been brought by the payer under item 9 of the table in subsection 80(1) and the proceeding is pending: (i) a proceeding that the child was not a child in relation to whom the application for administrative assessment of child support was entitled to be made; (ii) a proceeding that the applicant was not a person entitled to make the application for the child; (iii) a proceeding that the person from whom the application sought payment was not a resident of Australia; or (b) a proceeding has been brought by the payer under Subdivision B of Division 3 of Part VIII (court review) in relation to the payee’s entitlement to administrative assessment of child support for the child and the proceeding is pending under that Subdivision. Payee not entitled to be paid amounts until resumption determination made (2) If the Registrar makes a suspension determination on a day, the payee is not entitled to be paid an amount from that payer for the child on that or any later day mentioned in subsection 76(1) unless and until the Registrar makes a determination under subsection (3) of this section in relation to the payee and an amount payable by that payer for the child.

Note: The Registrar must vary the Child Support Register after making the suspension determination (see section 79C).

Resumption determinations (3) If: (a) the Registrar has made a suspension determination under subsection (1) in relation to the payee of a registered maintenance liability; and (b) the Registrar is satisfied that the proceeding referred to in subsection (1) has been: (i) finally refused by the court (within the meaning of section 110W); or (ii) dismissed or withdrawn; or (iii) struck out by the court; the Registrar must make a determination (a resumption determination) that: (c) the payee is again entitled under subsection 76(1) to be paid an amount from that payer for the child; and (d) if the payee has not, because of the suspension determination, been paid an amount which the payee would otherwise have been paid under subsection 76(1)—the payee is entitled to be paid that amount.

Note: The Registrar must vary the Child Support Register after making the resumption determination (see section 79C).