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

The applicant, Hof, sought a review of a decision concerning the percentage of care for his child, CH, in relation to Family Tax Benefit. The dispute centred on whether there had been a change in the care arrangements from 9 September 2017 to 24 May 2019, during which the applicant claimed to have had 100% care. The matter was heard by B J Illingworth SM.

The court was required to determine if a change in the percentage of care had occurred and, if so, whether this change necessitated revoking the existing determination under subsections 35P(d)(ii) or 35Q(d) of the Family Assistance Act. If a revocation was warranted, the court also had to determine a new percentage of care based on the actual care provided by the applicant, pursuant to section 35P of the Act.

The applicant provided evidence, including statements from his daughter and friends, to support his claim of a change in care arrangements on 9 September 2017, asserting he had 100% care until 24 May 2019. However, the court found the applicant's evidence regarding the specific dates and the circumstances of the alleged change to be vague and lacking satisfactory explanation. The court noted that the witnesses' statements, particularly those of the applicant's daughter and Mr. Bicanin, provided identical specific date ranges without clear justification. The court inferred that the applicant himself had nominated these dates when advised by Centrelink, and that the witnesses' statements were subsequently aligned with this nominated date. The court was not satisfied that a change in the percentage of care arrangement occurred as claimed, nor that the applicant had 100% care during the specified period. While acknowledging some occasions where CH was in the care of either parent for extended periods between March and December 2018, the court found these did not alter the overall care percentage for that year.

The decision under review was affirmed.