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

The Administrative Appeals Tribunal considered a dispute concerning the percentage of care for a child for the purposes of family tax benefit. The applicant, Mr Jorgensen, sought to have the care percentage varied, while the respondent was the Secretary of the Department of Social Services.

The Tribunal was required to determine whether there had been a change in the pattern of care for the child between 14 April 2014 and 7 March 2016, and if so, when that change occurred. The Tribunal also had to consider the appropriate method for assessing the percentage of care, specifically whether to use a "nights in care" or "hours in care" approach.

The Tribunal applied a "broad brush approach" to assessing the pattern of care, noting that it was not restricted to the terms of any court orders. While the applicant claimed a significant change in care from 14 April 2014, providing an undated statement asserting 99% care, the Tribunal found his evidence unsubstantiated. In contrast, the Tribunal found the evidence provided by the other party to be consistent, plausible, and credible, aligning with a previous court order. The Tribunal determined that the "nights in care" approach was the most appropriate method given the available evidence.

The Tribunal affirmed the decision under review.