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

This matter concerned an application for review by Mr Henneker of a decision made by the Administrative Appeals Tribunal (AAT) regarding his entitlement to Family Tax Benefit (FTB) for his child, Child A. The dispute centred on the percentage of care Mr Henneker had for Child A during specific periods following his separation from Child A's mother, Ms Olszewski. While an initial period from 29 August 2019 to 6 November 2019 was not in dispute, with Mr Henneker having 0% care, disagreements arose concerning the periods from 7 November 2019 to 3 March 2020, where Mr Henneker asserted a 50-50 split, and from 3 March 2020 onwards, where he claimed 80% care.

The primary legal issue before the Tribunal was to determine the correct percentage of care Mr Henneker had for Child A during the disputed periods, as this directly impacted his eligibility for and the amount of FTB he was entitled to receive. This determination required an assessment of the evidence presented by both parties in light of the legislative framework governing FTB, specifically the A New Tax System (Family Assistance) Act 1999 and the Family Assistance Guide. The Tribunal also considered Mr Henneker's assertions that the decision was flawed due to a failure to contact relevant individuals and allegations of manipulation and fraudulent claims by other family members.

The Tribunal considered a substantial volume of documentary and oral evidence from Mr Henneker, Ms Olszewski, and other witnesses. While various documents, including invoices, photographs, and correspondence, were presented to support the proposition that Child A had been in the care of both parents at different times, the Tribunal found this evidence did not definitively establish the precise percentage of care during the relevant periods. After reviewing all the evidence and applying the relevant legislative provisions and policy guidelines, the Tribunal affirmed the previous decision of the AAT. The Tribunal further determined that from 3 March 2020, Mr Henneker had a 50% percentage of care for Child A.