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

This matter concerned an appeal by the applicant against decisions of the Social Security Appeals Tribunal (SSAT) which affirmed the Secretary of the Department of Social Services' rejection of the applicant's claims for both carer payment and carer allowance. The applicant sought to establish that they provided constant care for their mother for at least 20 hours per week, including assistance with bodily functions and care to sustain life.

The primary legal issues before the Tribunal were whether the applicant provided constant care to their mother for at least 20 hours per week, and whether the applicant met the criteria for both carer payment and carer allowance. The Tribunal was required to assess the nature and extent of the care provided by the applicant to their mother.

The Tribunal affirmed the SSAT's decision to reject the carer payment claim, finding that the applicant did not meet the threshold for constant care. However, the Tribunal set aside the SSAT's decision regarding the carer allowance. The Tribunal concluded that the applicant did qualify for carer allowance as at 17 February 2015, based on the evidence presented. The Tribunal also recommended a review of the applicant and their mother's circumstances in 12 to 18 months, particularly after the mother's hand surgery.