Commonwealth Numbered Acts

CHILD SUPPORT LEGISLATION AMENDMENT ACT 1995 No. 39 of 1995 - SECT 15

15. After section 37A of the Principal Act the following section is inserted:
Registered maintenance liability not to be enforced if payer is a low-income
recipient of a social security pension or a social security benefit Object

"37B. (1) The object of this section is to provide for the non-enforcement of
certain registered maintenance liabilities during the subsistence of a
low-income non-enforcement period. Payer may apply to have liability no longer
enforced under Act

"(2) If the payer of an enforceable maintenance liability covered by
subsection 17(1):

   (a)  is in receipt of a social security pension or a social security
        benefit; or

   (b)  has made a claim for a social security pension or a social security
        benefit; the payer may apply to the Registrar, in the approved form,
        to have the liability no longer enforced under this Act. Court orders
        etc. dealing with unemployment etc.

"(3) The payer is not entitled to make an application under subsection (2) if:

   (a)  the liability is covered by subparagraph 17(1)(b)(i); and

   (b)  the court order or court registered maintenance agreement concerned
        provides, either directly or indirectly, for the reduction of amounts
        payable under the liability during periods when:

        (i)    the payer is unemployed; or

        (ii)   the payer's income is substantially reduced. Start of
               low-income non-enforcement period

"(4) For the purposes of this section, if the payer of a registered
maintenance liability:

   (a)  makes an application under subsection (2); and

   (b)  is taken, under the regulations, to satisfy the prescribed income test
        in relation to the first instalment of a social security pension or a
        social security benefit paid to the payer after the day on which the
        application was made; a low-income non-enforcement period in relation
        to the liability:

   (c)  begins on whichever of the following days is applicable:

        (i)    the day on which the application was made;

        (ii)   an earlier day determined by the Registrar, being a day that is
               on or after the day on which the payer commences to receive a
               social security pension or a social security benefit; and

   (d)  continues until the time worked out under subsection (5). End of
        low-income non-enforcement period

"(5) For the purposes of this section, a low-income non-enforcement period in
relation to a registered maintenance liability ends at whichever is the
earliest of the following:

   (a)  when the payer of the liability ceases to receive a social security
        pension or a social security benefit;

   (b)  if the payer of the liability is taken, under the regulations, not to
        satisfy the prescribed income test in relation to an instalment of a
        social security pension or a social security benefit paid to the payer
        for a particular fortnight - the beginning of that fortnight;

   (c)  when the liability ends. Non-enforcement of liability - variation of
        Child Support Register

"(6) If a low-income non-enforcement period in relation to a registered
maintenance liability begins, the Registrar must, as soon as practicable, vary
the particulars entered in the Child Support Register in relation to the
liability by specifying the beginning of the low-income non-enforcement period
as the time at which the liability ceases to be enforceable under this Act.
However, this rule does not apply if, immediately before the low-income
non-enforcement period, the liability had already ceased to be enforceable
under this Act because of section 38 or 39B. Resumption of enforcement of
liability - variation of Child Support Register

"(7) If a low-income non-enforcement period in relation to a registered
maintenance liability ends, the Registrar:

   (a)  must, as soon as practicable, vary the particulars entered in the
        Child Support Register in relation to the liability by specifying the
        end of the low-income non-enforcement period as the time at which the
        liability again becomes enforceable under this Act; and

   (b)  may make such variations (if any) to those particulars as the
        Registrar considers necessary or desirable:

        (i)    to enable a court order or court registered maintenance
               agreement that varies or otherwise affects the liability to be
               given effect to under this Act; or

        (ii)   to take account of the happening of an affecting event in
               relation to the liability. However, these rules do not apply
               if, immediately before the low-income non-enforcement period,
               the liability had ceased to be enforceable under this Act
               because of section 38 or 39B. Definitions

"(8) In this section:
'social security benefit' has the same meaning as in the Social Security Act 
1991 ;
'social security pension' has the same meaning as in the Social Security Act 
1991 .".