Armstrong and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Mr Armstrong against a decision of the Social Services and Child Support Division of the Administrative Appeals Tribunal (AAT), which affirmed a decision by the Secretary of the Department of Social Services. The dispute centred on the assessment of Mr Armstrong's care percentage for a child, Child A, for the period between 1 February 2015 and 31 January 2016, for the purposes of Family Tax Benefit (FTB).

The primary legal issue before the Tribunal was to determine the correct shared care percentage for FTB purposes for Mr Armstrong in relation to Child A during the specified period. This required the Tribunal to consider the evidence presented by both Mr Armstrong and Ms Gould, the other carer, regarding the days each had primary care of the child, and to make a fresh determination under section 35B of the relevant Act.

The Tribunal, acting in the place of the Secretary, considered the evidence provided by Mr Armstrong, who claimed to have cared for Child A for 135 days, resulting in a care percentage of 37%. This evidence included details of care during non-school holiday weekends, school holidays, and public holidays. Ms Gould disputed some of Mr Armstrong's claims, proposing deductions for specific periods and asserting her own care during certain weekends. After reviewing the conflicting evidence, the Tribunal found it unnecessary to delve further into the specifics of the evidence presented by both parties.

The Tribunal affirmed the decision of the Social Services and Child Support Division of the Administrative Appeals Tribunal.