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

This matter concerned an application for a second review before the Administrative Appeals Tribunal, with D. J. Morris SM presiding. The applicant sought review of a decision concerning his entitlement to a Parenting Payment Single. The dispute arose from the applicant's initial claims for various benefits, including Family Tax Benefit (FTB) and JobSeeker Payment, and a subsequent claim for Parenting Payment Single. An authorised review officer had determined that the applicant's JobSeeker Payment claim should have been a claim for Parenting Payment Single, and a first review had subsequently decided that the applicant's start date for Parenting Payment Single should be from when he applied for FTB.

The primary legal issue before the Tribunal was whether Family Tax Benefit (FTB) was a payment "similar in nature" to a social security payment for the purposes of section 15 of the *Social Security (Administration) Act 1999* (Cth). This question was central to determining the correct commencement date for the applicant's Parenting Payment Single entitlement, as the first review had relied on the premise that FTB was similar in nature to Parenting Payment Single. The Tribunal was required to consider the distinction between family assistance payments and income support payments.

The Tribunal reasoned that FTB is not a social security payment, but rather a family assistance payment made under the *A New Tax System (Family Assistance) Act 1999* (Cth). It distinguished FTB from income support payments like Parenting Payment Single by highlighting several key differences. These included the fact that FTB can be paid fortnightly or at the end of the tax year, can be a shared payment, is not primarily an income support measure for the individual, and is not affected by compensation payments. Conversely, Parenting Payment Single is paid to an individual as income support, is affected by compensation, and is not a shared payment. The Tribunal found the analysis in *Re: Secretary, Department of Family and Community Services and Valori* [2002] AATA 252 to be persuasive, concluding that FTB is not "similar in character" to a social security payment.

The Tribunal set aside the decision under review and substituted a new decision. It found that FTB was not a payment similar in nature to a social security payment and therefore the applicant's claim for Parenting Payment Single could not be backdated to the date of his FTB application.