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

This matter concerned an appeal by the applicant against a decision of the Secretary, Department of Social Services, regarding family tax benefit and the schoolkids bonus. The dispute centred on the period during which the applicant was considered to have care of his three eldest daughters, and whether this care met the threshold of more than 35% for entitlement to the benefits. The case was heard by P Ranson M.

The primary legal issues before the Tribunal were to determine what constituted the "care period" and, consequently, what the specific care arrangements for the children were during that period. This was crucial for establishing whether the applicant's care of the children exceeded the 35% threshold required for him to be entitled to family tax benefit and the schoolkids bonus for the relevant financial years. The applicant had continued to receive these benefits after the care arrangements had changed, leading to a significant debt to Centrelink.

The Tribunal found that the recollections of the applicant and the other party regarding the children's living arrangements were likely inaccurate due to the passage of time. However, it was clear that the children commenced living full-time with the other party when she moved into a residence at Browns Plains. The Tribunal accepted evidence that this move occurred prior to 27 May 2016, and therefore determined that the "care period" for the purposes of the assessment began on 27 May 2016 and lasted for 12 months. The Tribunal affirmed the decision under review.