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

The Administrative Appeals Tribunal considered the case of Jackson and the Secretary, Department of Social Services concerning an applicant's entitlement to carer payment and carer allowance. The applicant, who was 14 years old and attending Year 9 full-time, claimed to provide constant care for his mother, Hayley Jackson, who had medical conditions requiring assistance. The dispute centred on whether the applicant met the criteria for providing constant care to his mother.

The legal issues before the Tribunal were whether the applicant was entitled to carer payment and carer allowance, specifically whether he personally provided constant care to his mother during the relevant period. This required an assessment of the nature and regularity of the care provided by the applicant, taking into account his own full-time study commitments.

The Tribunal found that while the applicant's mother had medical conditions requiring assistance and that the applicant provided a significant portion of that support, the applicant did not personally provide constant care as required by the legislation. The Tribunal noted inconsistencies in the evidence regarding the extent of personal care provided, particularly in relation to showering and dressing. It also distinguished between domestic duties, such as meal preparation and cleaning, and the provision of personal care. Furthermore, the Tribunal found that the regularity of the personal care provided during the school day had not been substantiated, and that the mother's needs were flexible enough to accommodate the applicant's substantial study commitments. Consequently, the Tribunal affirmed the decision under review.