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

This matter concerned an appeal by the father (CTXL) against a decision of the Administrative Appeals Tribunal (AAT1) regarding the percentage of care for Family Tax Benefit (FTB) purposes. The dispute arose between separated parents who were still living together during the relevant care period. The father sought to attribute the care provided by his mother, the child's paternal grandmother, solely to himself, thereby increasing his percentage of care and his entitlement to FTB.

The primary legal issue before the Tribunal was whether the care provided by the paternal grandmother should be attributed solely to the father, or if it could be considered as contributing to the overall care arrangement shared by both parents. The father contended that the grandmother's assistance should not be "credited" to the mother, arguing for a shared care determination that would grant him a higher percentage of FTB. He also raised grounds relating to the mother's alleged absences during the care period.

The Tribunal affirmed the AAT1's decision, finding insufficient evidence to support the father's claims. The Tribunal noted the father's significant hostility towards the mother, which impacted the assessment of his evidence. Regarding the alleged absences, the Tribunal adopted the AAT1's analysis that the periods of absence were not of sufficient frequency or duration to alter the basic care arrangement. Crucially, concerning the grandmother's care, the Tribunal held that it was not appropriate to assign her assistance exclusively to the father. The Tribunal reasoned that the grandmother likely stepped in to provide enhanced assistance to the couple during a difficult time, and this assistance did not necessarily benefit only the father or warrant a reduction in the mother's care percentage. The Tribunal agreed with AAT1 that it would not be just and equitable to reduce the mother's percentage in this manner, particularly as she had no other family support.

Consequently, the Tribunal found that the parties shared the care of their child equally, resulting in a 50% care percentage for the father throughout the relevant period. The reviewable decision was therefore affirmed.