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

The Administrative Appeals Tribunal considered the dispute between DYBM and the Secretary, Department of Social Services concerning Family Tax Benefit (FTB). The core of the disagreement related to the determination of care arrangements and the applicable care period for the purposes of calculating FTB entitlements.

The Tribunal was required to determine the correct care period and the percentage of care attributable to each parent. This involved assessing the evidence presented regarding the actual care arrangements in place for the child.

The Tribunal found that the relevant care period was 12 months commencing from 6 December 2017. Based on this finding, the Tribunal determined that the care arrangements were 38% for the mother and 62% for the father. Consequently, the decision under review was set aside and remitted to the Department of Social Services for redetermination in accordance with these findings.