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

The Administrative Appeals Tribunal (AAT) considered a dispute between Beakey and the Secretary, Department of Social Services, concerning eligibility for Family Tax Benefit (FTB). The core of the disagreement centred on whether the applicant had care of the child, S, during a relevant period, and consequently, whether S was an FTB child of the applicant or the other party.

The legal issues before the Tribunal were to determine the factual circumstances of the child S's care during the relevant period, specifically whether the applicant or the other party had primary care. This determination was crucial for establishing whether S qualified as an FTB child of the applicant for the purposes of receiving Family Tax Benefit.

The Tribunal weighed conflicting evidence presented by both parties. The applicant relied on a medical certificate suggesting she was the sole provider for S, but the Tribunal gave this little weight as it was based on information provided to the doctor, not independent knowledge. The applicant's claim of having care while homeless was also not supported by evidence, particularly a certificate showing S completed a course of study during that time, suggesting a need for stability and support that the applicant's circumstances may not have provided. The other party claimed S lived with family and friends and was financially supported, though without documentary evidence. However, the Tribunal found this account more plausible given the applicant's admitted homelessness and the child's need for a stable environment and financial support during her studies.

Ultimately, the Tribunal found that it was more likely than not that the child S stayed with family and friends due to the applicant's unstable housing situation. Consequently, the Tribunal concluded that the child was not the FTB child of the applicant during the relevant period and affirmed the decision under review.