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

This matter concerned an appeal by Mr Kang against a decision by the Secretary of the Department of Social Services regarding his eligibility for a Disability Support Pension (DSP). The core dispute revolved around whether Mr Kang's assets, specifically his interest in a trust, exceeded the threshold for receiving the DSP, leading to the cancellation of his pension and the creation of a debt. The decision was made by Mr D. J. Morris, a Member of the Tribunal.

The Tribunal was required to determine whether Mr Kang qualified as an "attributable stakeholder" in relation to a trust, and if so, what percentage of the trust's assets should be attributed to him for the purposes of the asset test under the relevant social services legislation. Furthermore, the Tribunal had to consider the implications of these findings on the cancellation of his DSP and the amount of any resulting debt.

The Tribunal found that Mr Kang was indeed an attributable stakeholder and that 100 per cent of the trust's assets should be attributed to him. Consequently, his assets were determined to exceed the allowable limit, meaning his DSP was correctly cancelled on 4 December 2014. However, the Tribunal remitted the calculation of the debt owed for the period between 13 October 2013 and 2 December 2014 to the Secretary for recalculation, acknowledging that the original decision regarding the debt amount required adjustment in light of its findings.