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

This matter concerned an application for youth allowance by the Applicant, a young man in his early twenties. The Department of Social Services (DSS) granted the allowance but applied a 13-week liquid assets test waiting period, which the Applicant challenged. The dispute centred on whether the funds in a savings account, to which both the Applicant and his father were signatories, should be attributed to the Applicant for the purposes of this waiting period. The case was heard by M Evans SM in the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was whether the Applicant was the beneficial owner of the funds in the savings account, or if those funds were held on trust for his parents, thereby excluding them from being considered the Applicant's liquid assets for the purpose of the waiting period. This involved determining whether an oral bare trust had been established, and if so, when such assets or income would be attributed to an individual under the relevant provisions of the *Social Security Act 1991* (Cth), specifically concerning attributable stakeholders, designated private trusts, and controlled private trusts.

The Tribunal considered evidence including affidavits from the Applicant and his parents, a declaration of trust, and submissions from both parties. The Applicant's father, who had experience in the financial services industry, argued that an oral bare trust existed, meaning the funds were beneficially owned by his parents. However, the Tribunal found that the Applicant had declared on his claim form that he was not involved in a private trust and that the information provided was complete and correct. Furthermore, the savings account was opened by the Applicant, and he was the account owner, with his father added as a signatory. The Tribunal concluded that the Applicant had not established that the funds were held on trust for his parents, and therefore, the funds were correctly attributed to him as his liquid assets.

Consequently, the Tribunal affirmed the decision of the Department of Social Services to apply the liquid assets test waiting period.