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

The Administrative Appeals Tribunal considered the appeal of Hawkins (the Applicant) against a decision by the Secretary, Department of Social Services, concerning the Applicant's eligibility for a carer payment. The central dispute revolved around whether the Applicant provided constant care to her son, Jaidyn, in a private residence that was his home, as required for the payment.

The Tribunal was tasked with determining two primary legal issues: first, whether the Applicant provided "constant care" to Jaidyn, and second, whether this care was provided in a "private residence that is the home of the care receiver." The Applicant's employment status and her availability to attend to Jaidyn's significant behavioural and medical needs at school were key considerations in assessing the "constant care" requirement.

The Tribunal found that while the Applicant was employed full-time during a period of her son's care, the nature of her employment allowed her to be "on-call" and attend to Jaidyn's needs at school when required. The evidence demonstrated that Jaidyn had severe disabilities and behavioural issues, necessitating frequent calls to the school and the Applicant's intervention. The Tribunal noted that the school's management plan explicitly involved calling the Applicant to remove Jaidyn when his behaviour escalated, and she was also responsible for numerous medical appointments. The Tribunal set aside the reviewable decision.