How does child support affect my social security payments?

In Plain English

The Child Support (Registration and Collection) Act 1988 allows the government to deduct money from your social security payments (like pensions or benefits) to cover child support payments or debts. The amount they can deduct is limited, and there are rules about how it's calculated. The Child Support (Registration and Collection) Regulations 2018 specify the amounts that can be deducted from social security payments to pay for child support.

Detailed Explanation

Several sections within the provided legislation outline how child support obligations can interact with social security payments:

  1. Deductions from Social Security Pensions and Benefits: Section 72AA of the Child Support (Registration and Collection) Act 1988 allows the Registrar to issue a written notice to the Secretary (of the relevant department) to deduct amounts from a person's social security pension or benefit if they have an enforceable maintenance liability or a child support debt. The Child Support (Registration and Collection) Regulations 2018 further define the "prescribed periodic deduction" in section 20, which is the lesser of 3 times the minimum social security rate for the instalment period or the amount of the enforceable maintenance liability payable for the instalment period. If there's an unpaid child support debt, the deduction is the lesser of 3 times the minimum social security rate (minus any amount already deducted for the maintenance liability) or the amount of the unpaid child support debt.
  2. Deductions from Veterans' Pensions and Allowances: Section 72AC of the Child Support (Registration and Collection) Act 1988 allows for deductions from veterans' pensions and allowances, similar to social security payments. The Child Support (Registration and Collection) Regulations 2018 section 21 prescribes the periodic deduction from a veteran's pension or allowance.
  3. Deductions from Family Tax Benefit: Section 72AB of the Child Support (Registration and Collection) Act 1988 allows the Registrar to direct the Secretary to deduct amounts from a person's Family Tax Benefit (FTB) under certain conditions. This applies if the person has a registrable maintenance liability, and an amount payable under the liability is a child support debt that remains unpaid, or if the person owes a carer debt as a result of a payment to the person under a registered maintenance liability. The amount deducted must be in accordance with section 228 of the Family Assistance Administration Act, which sets out the maximum amount that can be deducted.

It's important to note that the Social Security Act 1991 also has provisions related to social security payments.