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

This matter concerned an appeal by Mr Asad against a decision by the Secretary of the Department of Social Services. The dispute centred on Mr Asad's eligibility for a carer payment (CP), specifically whether he provided 'constant care' to the care receiver during the relevant period as required by the relevant legislation. The decision was made by A Poljak SM.

The primary legal issue before the SM was to determine whether Mr Asad's care activities met the threshold of 'constant care' as defined by subsection 198(2) of the Social Security Act 1991 (Cth). This required an assessment of the nature, frequency, and continuity of the care provided by Mr Asad in light of his other commitments, including his attendance at school.

The SM found that Mr Asad's care activities were episodic rather than constant, and largely domestic in nature, undertaken at his convenience. Crucially, the SM noted that during periods when Mr Asad was at school, his mother provided the care. Considering the nature of the care activities and Mr Asad's school commitments, the SM was not satisfied that the statutory requirement of 'constant care' had been met. Consequently, the decision under review was affirmed.