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

This matter concerned an appeal by Mr Hanli against a decision by the Secretary of the Department of Social Services regarding his eligibility for carer allowance. The dispute centred on whether the care receiver met the assessment requirements for the allowance, specifically concerning the Adult Disability Assessment Tool (ADAT). The Administrative Appeals Tribunal was tasked with determining the appeal.

The primary legal issue before the Tribunal was whether Mr Hanli satisfied the requirements of paragraph 954A(1)(c) of the relevant Act, which pertains to the assessment of a care receiver for carer allowance. This involved examining the scores obtained from the Adult Disability Assessment Tool, which comprises questionnaires completed by both the claimant and a treating health professional.

The Tribunal considered evidence including claim forms completed by Mr Hanli and medical reports from two general practitioners. Based on the information provided in these documents, Centrelink calculated the ADAT scores. The Tribunal found that the total ADAT scores for the care receiver were 13.75 and 20.75 on two separate occasions. As these scores were below the threshold of 30, and the treating health professional scores were below 12, the Tribunal concluded that Mr Hanli did not meet the statutory requirement for carer allowance. Consequently, the Tribunal affirmed the decision under review.