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

This matter concerned an appeal by the applicant, Ms Hambrook, against a decision of the Secretary of the Department of Social Services regarding parenting payment and family tax benefit. The central dispute revolved around whether Ms Hambrook was the principal carer of her daughter, R, during specific periods, and whether she had taken reasonable steps to have R returned to her care, which was a prerequisite for receiving these benefits.

The Tribunal was required to determine two primary legal issues. Firstly, whether an "event" occurred that prevented R from being in the applicant's care, and secondly, whether the applicant took "reasonable steps" to secure R's return to her care. These determinations were crucial for establishing the applicant's entitlement to parenting payment and family tax benefit for the relevant periods, and consequently, whether any overpayments constituted recoverable debts.

The Tribunal found that up until 18 September 2012, R had been assessed as the applicant's Family Tax Benefit child, and the applicant was considered the adult legally responsible for R's day-to-day care. However, the Tribunal concluded that the applicant was not entitled to parenting payment supplements for the period of 18 September 2012 to 4 December 2012, nor to Family Tax Benefit for the period of 1 July 2012 to 19 December 2012. This resulted in an overpayment debt of $1611.99, which the Tribunal found to be legally recoverable. The Tribunal noted that the full amount of the Family Tax Benefit debt had already been recovered and that there was no persuasive evidence of severe financial hardship to warrant waiving the debt. The Tribunal also noted that a portion of the parenting payment debt arose due to an error by the Department.