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

The Administrative Appeals Tribunal (AAT) considered the case of Irving and the Secretary, Department of Social Services. The dispute concerned the Applicant's eligibility for parenting payment single, which was contingent on him being the principal carer of his daughter, Elsie. The Applicant and the Other Party, Elsie's mother, were separated parents with shared care arrangements.

The primary legal issue before the Tribunal was to determine who, as between the Applicant and the Other Party, was the principal carer of Elsie as at 9 December 2015. This determination was crucial for establishing eligibility for parenting payment single, as only one parent can be designated the principal carer. The Tribunal was required to consider various factors to assess which parent was in greater need of a favourable determination.

The Tribunal reasoned that while the Applicant provided 50% care for Elsie and had been receiving income support, his voluntary decision to undertake university studies, which reduced his immediate earning capacity, was a factor favouring the Other Party. The Tribunal noted that the Applicant's studies were aimed at improving his future earning capacity, but this meant he was currently in a position of financial weakness. The Tribunal applied principles from cases such as *Secretary, Department of Family and Community Services v Holmes*, emphasizing that the discretion to determine the principal carer is broad, constrained only by the purposes of the Act, and requires appropriate regard to government policy and relevant factors. The Tribunal considered factors including financial circumstances, earning potential, and duration on income support, ultimately concluding that the Other Party was the parent in greater need of a favourable determination as at the relevant date.

The Tribunal affirmed the decision under review, finding that the Applicant was not the principal carer of Elsie as at 9 December 2015.