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

This matter concerned an appeal by the Applicant, Mr Burke, against a decision by the Secretary of the Department of Social Services to refuse his claim for Parenting Payment Single (PP). The central dispute revolved around whether Mr Burke qualified as the principal carer of his three children at the time of his claim on 26 June 2018, given that care was shared equally with the Other Party.

The legal issues before the Tribunal were whether Mr Burke was the principal carer of at least one of the children on the date of his claim, and consequently, whether he was qualified to receive PP. The Tribunal acknowledged that while the initial refusal letter from the Respondent was poorly worded and suggested Mr Burke did not have children under eight, the evidence confirmed he did. However, the Tribunal noted that establishing the existence of "PP children" did not automatically grant eligibility for PP, as the Act also requires a determination of principal carer status.

The Tribunal reasoned that where care is shared equally, both parents may be considered principal carers, and the determination must then focus on which parent is in greater financial need. Applying the principle from *Smedley*, the Tribunal considered the financial capacity of each parent to meet the costs associated with caring for the children. Despite Mr Burke's unemployment at the time of his claim and the Other Party having some working hours, the Tribunal found that the Other Party was in greater need of a favourable determination. This conclusion was based on a comparison of their financial positions, including earning potential and assets, which indicated the Other Party was the principal carer.

Consequently, the Tribunal affirmed the decision under review, finding that Mr Burke was not qualified to receive PP in June 2018. The Tribunal noted that Mr Burke was at liberty to reapply for PP.