These assessments also provide extensive labour market research to determine roles which are available to injured persons in their local labour market in line with their transferrable skills, age and qualification. This Earning Capacity Assessment comprises of a Functional and Psychological Assessment together with a Vocational Assessment in conjunction with a full labour market research.
CAS Functional Assessments are completed by functional assessors scientifically designed to assess injured persons functional capacity whilst eliminating self limiting component. CAS Vocational Assessments have been specifically designed to determine work options which meet the criteria of suitable employment in line with demonstrated functional and psychological capacity.
This Earning Capacity Assessment comprises of a Psychological Assessment together with a Vocational Assessment in conjunction with a full labour market research.
Earning Capacity Assessment Form ppt video online download
CAS Vocational Assessments have been specifically designed to determine work options which meet the criteria of suitable employment in line with demonstrated psychological capacity. These reports are designed to assist you with determining current earnings for previously identified work options. This report provides up to date assessment of the labour market and the amount the claimant is able to earn in each of the identified work options.
As with the first and second editions, the third edition sets out the important principles for the various types of losses and the amounts of damages awarded for them where injury or death has occurred. The third edition is an updated collection of awards made by the Supreme Court and the State Courts. Substantial developments in the law are explored and covered in considerable detail in this third edition. Featured authors. Carrie Chan View all books by Carrie Chan 2. Constance Tay View all books by Constance Tay 2.
Laura Lau View all books by Laura Lau 2. Toggle navigation Home. However, in cases where other reasons or circumstances exist, the Registrar may take into consideration the receipt of ADF benefits and allowances when deciding whether it is fair or just and equitable and otherwise proper to make a particular change to the child support assessment. Australian Defence Force personnel serving in war-like zones receive tax-free salary and additional allowances in the nature of travel allowances paid as compensation for the increased cost to personnel of serving in a war-like zone.
Defence Force Reserves also receive tax free allowances for part time service in Australia. Reservists may also serve overseas and receive similar payments to full-time Defence Force personnel serving overseas. Tax-free payments to Defence Force personnel are not included in a parent's adjusted taxable income and are not therefore taken into account under the usual formula provisions. This may give rise to a change of assessment application from the other parent.
If there are no other circumstances peculiar to the case, the Registrar will increase the parent's adjusted taxable income by the amount of their tax exempt salary, but will not gross-up the value of that salary.
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The Registrar will generally not include the value of any additional non-taxable allowances in the parent's adjusted taxable income. If the parent applying for a change to the assessment raises other grounds, or the other parent makes a cross-application the Registrar will consider all aspects of the case and consider whether it would be just and equitable and otherwise proper to make a different type of change. Defence Force personnel posted to remote localities in Australia may receive a District Allowance paid in recognition of the higher than normal cost of living in adverse circumstances, including the need to use air-conditioners more than other posts.
The allowance is taxable and the amount received is greater if the recipient has dependants. This allowance is included in the parent's adjusted taxable income for the purposes of calculating their child support assessment. As with all income included in ATI, the Registrar will not change an assessment solely because one parent is in receipt of a District Allowance. Where a parent receives a substantial amount of money a lump sum that would otherwise not form part of his or her income amount used for child support purposes, and therefore is not included in the assessment of child support, the lump sum may be taken into account in deciding whether the assessment should be changed.
In each case it will be necessary to decide whether receiving the money makes the amount of child support payable unjust and inequitable. A relevant factor but not the sole factor is whether or not the payment results in one parent being in a better financial position compared to the other parent. However, the fact that there is a discrepancy in the parents' financial positions does not automatically mean that there is a reason to change the assessment Hampson and Lightfoot FLC It will depend on the circumstances of each case.
Payments received under the National Disability Insurance Scheme as part of a parent's or their child's support package are not included as income for child support purposes. They will also not be taken into account as a financial resource of the parent when establishing special circumstances under this reason. Payments made under this scheme are required to be spent for a specific purpose and do not increase the financial resources available to the parent. Payments received under the National Redress Scheme are also not included as income for child support purposes.
Although these payments are not required to be spent for a specific purpose, they are intended for the personal use of the recipient, and will not be taken into account as income or a financial resource of the parent when establishing special circumstances under this reason. However, consideration of a payment received by a parent under this scheme as part of their overall circumstances may be relevant to a decision about the parent's earning capacity specifically the third criterion, see 'Purpose of the parent's decision about working arrangements' below.
Where a parent has drawn money as a lump sum from his or her superannuation fund, the Registrar will consider whether that superannuation entitlement was taken into account in any property settlement between the parents. It may be unjust for a parent to have his or her child support assessment based on a taxable income which includes a lump sum payment having regard to the earlier distribution of superannuation and property between the parents Carey and Carey FLC However, if the parent has a low current income and is making an inadequate contribution to child support the Registrar may still consider any superannuation received by the parent in deciding that parent's capacity to contribute to the financial support of the child.
The Registrar will also take into account whether the superannuation has been drawn prior to retirement because of severe financial hardship.
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Under the superannuation guarantee law, most employed parents have superannuation paid by their employers in addition to their wage or salary income. Self-employed parents generally fund their own superannuation contributions. Parents who are mainly self-employed may be able to claim some superannuation contributions as tax deductions Income Tax Assessment Act section However, superannuation contributions that are claimed as tax deductions are regarded as reportable superannuation contributions Income Tax Assessment Act section A self-employed parent funding their own superannuation contributions is, of itself, unlikely to lead to a child support assessment being unfair.
However, when considering a parent's overall financial situation, it is reasonable to take into account the amount the parent would have been entitled to receive under the superannuation guarantee if they were an employee. Example: Under the superannuation guarantee law, employers are required to contribute superannuation on behalf of their employees at the superannuation guarantee rate. A self-employed parent makes superannuation contributions for themselves or others at a higher rate. The Registrar may determine that the contributions over and above the superannuation guarantee rate should be added back to the parent's adjusted taxable income amount.
Information about the superannuation guarantee rate may be found at the Super for employers - How much to pay page on the ATO website.
Presentation on theme: "Earning Capacity Assessment Form - 2"— Presentation transcript:
More information on reportable superannuation contributions can be found in 2. Where a lump sum is received because of compensation for a personal injury there may be a reason to change the assessment because the payment compensates the parent for past loss of wages or a reduction of future earning capacity Harris and Harris FLC Where the amount of compensation is set by way of private settlement it can be difficult to establish the portion of the compensation which relates to loss of wages or a decrease in future earning capacity.
In these cases a decision by the department concerning the period during which the parent is precluded from applying for social security benefits can be of assistance. The cost of the parent's future needs may be increased and a part of the compensation, if not all, may need to be preserved to meet those costs. The parent's cost of meeting their future needs will need to be ascertained to decide the extent to which the parent's capacity to contribute to the financial support of the child has been increased because of the compensation payment.
Amounts received as a windfall e.
They do not form part of the adjusted taxable income and are not taken into account in a formula assessment. There may be a reason to change an assessment if it is likely that a windfall will increase the parent's capacity to contribute to the financial support of the child. The decision will depend on the circumstances of the case and any other reasons under consideration.
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Any government pension, allowance or benefit received by the payee or payer that would normally be included as part of the parent's adjusted taxable income in an ordinary formula assessment will be taken into account when considering the parent's income and financial resources under this reason. This includes any pension or benefit that is classified as taxable income, as well as certain tax-free pensions and benefits 2.
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FTB payments paid for any children in the payee or payer's care including a child for whom the payer is liable to pay child support will not be taken into account when considering a parent's income and financial resources. If the assessment is affected by a parent's reduced income, there may be special circumstances to justify changing the assessment to take into account the parent's earning capacity. From 1 July , the Registrar can only determine that a parent's earning capacity is greater than is reflected in his or her income used in the child support formula if all of the following 3 matters are satisfied:.
The parent has failed to show that the decision about his or her work arrangements was not substantially motivated by the effect this would have on the child support assessment CSA Act section 7B c. The Registrar must be satisfied that all 3 compulsory criteria are satisfied before a change to the assessment can be made to take into account a parent's earning capacity, rather than his or her actual income.
If the parent's circumstances satisfy only 1 or 2 of the criteria, the Registrar cannot make a decision based on the parent's earning capacity. The Registrar must also be satisfied it would be possible for the parent to increase his or her income by changing his or her work arrangements. That is, work must be available for the parent in his or her area and the parent must have the necessary qualifications and experience to perform that work.
Except where the parent does not work, a parent who has not reduced his or her income cannot be found to have a higher earning capacity. Example: A parent who refuses a promotion at work, maintaining his or her income at the same level, will generally not be found to have a higher capacity to earn.
Example: A reduction from regular overtime to a standard working hours week or loss of bonuses which required additional effort beyond that required of a standard employee, cannot be considered as founding a parent's additional earning capacity. A parent who is not working is one who is not engaged in work for remuneration, or in self-employment for profit.
A person can be said to be not working despite 'ample opportunity' to work if he or she has had offers of employment and refused them without adequate reason. Alternatively, if the person is not seeking work but there are job vacancies for which he or she is suitably qualified in their local area, this could also constitute ample opportunity to work.
Weekly hours of work reduced below the full-time standard for that occupation or industry. This sub-criterion may apply when a parent is still employed and has remained in the same occupation or industry. The relevant factor is that the parent now works less hours than they did previously. The fact that his or her hours have reduced is not in itself sufficient. The reduction must put those hours below the usual full-time standard for the occupation.
The parent should be able to provide information about the usual full-time standard hours for their particular industry or occupation.
What can I do to prevent this in the future?
Alternatively, the Registrar could obtain information from the person's employer. Changed industry, occupation, or working pattern. This sub-criterion may apply when the parent is still employed, but has changed jobs, or rearranged his or her hours of work, or pattern of work. For a parent to change his or her occupation or industry requires a greater change than simply moving between employers or jobs. Michael Shahnasarian, Ph. Editorial Reviews. There needs be something in the nature of a change in career, or of working in the same type of job but in an entirely different field.
A parent who has changed his or her working pattern may still be in the same job, or employed in the same occupation or industry. What is relevant is whether the person has changed his or her hours of work, e. A parent may change his or her working arrangements, for example, to being a consultant or sub-contractor rather than an employee.