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

The Administrative Appeals Tribunal (AAT) considered an appeal by Mr Kemp concerning the cancellation of his Carer Allowance. The dispute centred on whether Mr Kemp continued to satisfy the qualification criteria for the allowance following a review.

The primary legal issue before the Tribunal was to determine whether Mr Kemp met the requirements of section 954(1)(c) of the relevant social security legislation, which pertains to the qualification criteria for the Carer Allowance. This involved assessing the information provided in a professional questionnaire.

The Tribunal found that the November Questionnaire, when considered, satisfied the criteria stipulated in section 954(1)(c). Despite this finding, the Tribunal affirmed the decision under review, meaning Mr Kemp's appeal was unsuccessful. The Tribunal noted that Mr Kemp could make a fresh application for the Carer Allowance given that the November Questionnaire now satisfied the relevant legislative provision.