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

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) by an applicant against a decision of an authorised review officer, which had been affirmed by the AAT on a first-tier review. The applicant sought a Parenting Payment (Single) and the core dispute revolved around whether he met the income test at the time of his claim on 15 February 2016. The respondent conceded that the applicant satisfied the assets test.

The AAT was required to determine two primary legal issues. Firstly, whether the applicant received income by way of a distribution from a family trust on 2 September 2015. Secondly, whether the installation of a new gas cooktop and a ducted split system air conditioning unit in a rental property constituted permissible deductions for the purpose of calculating rental income under the relevant legislation.

The Tribunal found that the AAT Tier 1 had erred in its determination of the date the applicant received the authorised review officer's decision, concluding that the applicant had lodged his application for review within the prescribed 13-week timeframe. This jurisdictional finding allowed the Tribunal to consider the substantive issues. The Tribunal then proceeded to consider the applicant's entitlement to the Parenting Payment, focusing on the income test and the deductibility of expenses related to the rental property.