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

This matter concerned an appeal by Ms Mohadeseh Hosseini against the rejection of her claim for carer payment. Ms Hosseini had commenced living with her mother, Mrs Hajar Yaghoubi, in August 2016 and subsequently claimed carer payment to provide care for her mother. Centrelink rejected her claim on the basis that the care provided was not constant. This decision was affirmed by an authorised review officer and subsequently by the Social Services and Child Support Division of the Administrative Appeals Tribunal. The appeal was heard by G Hallwood M.

The central legal issue before the court was whether Ms Hosseini was providing "constant care" to her mother, as required by section 198 of the Social Security Act 1991. While the Act defines "care" to include attention and supervision, it does not define "constant care." The court was therefore required to consider the meaning of this term in the context of the legislation and relevant departmental policy.

The court considered the definition of "constant care" as set out in the Department of Social Services' Guide to Social Security Law. This policy defines constant care as personally providing care on a daily basis for a "significant period" each day, equivalent to at least a normal working day, to recognise that the carer is unable to undertake substantial employment. The Tribunal, while not bound by policy, generally applies it for consistency unless there are good reasons not to. In this instance, no submissions or evidence were presented to suggest a need to depart from the policy. The court noted that Ms Hosseini provided various supports, including household tasks and some personal care, and that her companionship had a positive impact on her mother's well-being, as noted by medical professionals. However, the evidence did not establish that the care provided met the threshold of a "significant period" equivalent to a normal working day.

The Administrative Appeals Tribunal's decision to affirm the rejection of Ms Hosseini's claim for carer payments was upheld.