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

This matter concerned an appeal by the applicant, Mr Kamel, against a decision of the Administrative Appeals Tribunal (AAT) affirming a determination regarding his rate of Disability Support Pension. The dispute centred on the valuation of an investment property and financial contributions received from family members, which impacted the income and assets tests for the pension. The case was heard by Emeritus Professor P A Fairall.

The primary legal issues before the Tribunal were whether the investment property was valued correctly for the purposes of the income and assets tests, and whether financial contributions received from family members should be treated as loans or gifts. These determinations were crucial in establishing the applicant's eligibility for and the correct rate of his Disability Support Pension.

The Tribunal applied established legal principles regarding asset valuation, noting that the net market value is the price a willing buyer would pay, aware of all factors affecting the property. The views of a properly qualified independent valuer carry significant weight, and the Tribunal must consider whether the valuer is qualified, experienced, independent, and followed accepted professional practices. While the Tribunal is not bound by an expert valuation, it is entitled to make adjustments based on the evidence presented, avoiding the role of a third valuer. In this instance, the Tribunal found no evidence to depart from the previous findings regarding the valuation of cars and caravans, and the valuation of the investment property by a qualified valuer was accepted. The financial contributions from family members were considered unsecured loans.

The Tribunal affirmed the decision of the AAT, which had affirmed the decision of an Authorised Review Officer. This meant the applicant's rate of Disability Support Pension from 21 September 2022 was upheld.