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

The Administrative Appeals Tribunal considered a dispute between Mr Henry and the Secretary of the Department of Social Services concerning the cancellation of Mr Henry's parenting payment (partnered). The core of the disagreement revolved around whether Mr Henry's partner's income exceeded the allowable limit, thereby rendering him ineligible for the payment.

The Tribunal was required to determine the correct application of the Social Security Act 1991 and the Social Security (Administration) Act 1999 to Mr Henry's circumstances. Specifically, the legal issues included how to calculate a partnered person's parenting payment rate, the impact of a partner's income on that rate, and the specific income thresholds that applied during the relevant period for determining eligibility and entitlement to a parenting payment.

The Tribunal affirmed the decision to cancel Mr Henry's parenting payment, finding that his partner's income had indeed exceeded the allowable limit. The Tribunal referred to the relevant sections of the Act concerning the calculation of partnered parenting payment rates, including the application of an income test and the concept of a "partner income free area." It noted that while a coding error had initially led to the approval of the payment, a subsequent review correctly identified that the partner's income disqualified Mr Henry from receiving the payment. The decision under review was therefore affirmed.