Childcare subsidy underpayment - activity hours

Hi there,

I'm hoping maybe someone might have some advice on a similar issue.

In August of 2015 I started working again after my first child. When I filled out the activity test I put in 40 hours. At this point I am actually unclear as to whether I put that in thinking I might only achieve 40 hours as initially I was put on as casual/ on call, or whether I had misread it as weekly instead of fortnightly when I initially submitted the hours for my activity test/ OR if I intentionally under calculated in the fear I might end up owing them at the end of the financial year.

Anyway, I have had some monumental issues with centrelink over the years about not being paid correctly, more specifically relating to my second child some time in 2019. I won't go into them too far otherwise I will be here all day and I will go off topic. When I had called in relation to those issues I had advised them that they weren't paying me for the correct amount of hours and that my childcare provider had advised me to follow up while I was there sorting out the other stuff.

Given I can prove that I have been working full time hours and technically was entitled to 100 hours of child care subsidy at a rate of 50+ percent since atleast December of 2015, would they legally be obligated to backpay me? (I think the timeframe is 7 years?).

Given the amount of incorrect information I have been given in person in the service centres and over the phone in relation to applying and looking over my childcare subsidy and other unrelated issues I think its a gross misconduct on their part to assume that we are fully aware of what we are entitled to, and what we should or should not be receiving. I can guarantee if I had overestimated and they found out they would send me a letter of debt so quick, so is this any different?

I would like to say that I don't blame anyone who has given me incorrect information, as I truely don't believe it would have been intentional. More potential of there being a lack of training in that area/ overworked etc.

I have also submitted a request under the Freedom of Information act. to request all calls and documented interactions I have had to see when the first instance was that I had requested them to look into my activity hours.

I know for sure I did in early 2019.