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

This matter concerned an appeal by the Applicant to the Administrative Appeals Tribunal (AAT) regarding a decision by the Secretary, Department of Social Services, to revoke existing Family Tax Benefit (FTB) care determinations and make new ones. The dispute centred on the correct percentage of care attributed to each parent for their two children, E and K, for the period between 1 August 2015 and 7 March 2016, which impacted the Applicant's FTB entitlement.

The primary legal issue before the Tribunal was to determine the accurate percentage of care for the children between the Applicant and the Other Party for the specified period. This involved reviewing the evidence to ascertain the actual care arrangements, considering whether any interim care determination provisions were applicable, and ultimately deciding whether the original decision of the Authorised Review Officer (ARO) and the subsequent affirmation by AAT1 were reasonable and based on sufficient evidence.

The Tribunal affirmed the decision of AAT1, finding that the ARO's calculations of care percentages were reasonable based on the evidence presented. The Tribunal determined that from 1 August 2015 to 31 December 2015, the Applicant had 40% care of E and 36% care of K, while the Other Party had 60% care of K and 64% care of E. For the period from 1 January 2016 to 7 March 2016, the Applicant had 15% care of both children and the Other Party had 85%. From 9 March 2016 onwards, care was determined to be 50% for each parent for both children. The Tribunal also considered and rejected the applicability of section 35C of the relevant Act regarding interim care determinations, as the prescribed 14-week period had expired. Consequently, the Tribunal found that the existing percentage of care determination was revoked from 31 July 2015 and replaced by the new determinations.