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

This matter concerned an application for family tax benefit by Mr Krawczyk, who claimed he had separated from his wife, Ms Krawczyk, and had 100% care of their five children from July 2016. The dispute centred on whether Mr and Ms Krawczyk were members of a couple for the purposes of social security legislation and the extent of Mr Krawczyk's care of the children during the period they continued to reside at the same address. The decision was made by Senior Member M J McGrowdie of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were to determine whether Mr and Ms Krawczyk were a couple from July 2016 onwards, and consequently, the proportion of care each parent had for their children, which would dictate the entitlement to family tax benefit. This involved assessing the nature of their cohabitation and the division of parental responsibilities following a claimed separation.

The Tribunal considered that while significant relationship difficulties existed from July 2016, it was difficult to accept that Mr Krawczyk had sole responsibility for the children until December 2016, given they remained under the same roof and Ms Krawczyk continued to make financial contributions. The Tribunal found that from September to December 2016, care of the children was shared between the parents, despite their separation and Ms Krawczyk's illness and hospitalisations, and the existence of an apprehended violence order. However, for the period from 10 July 2016 to 23 September 2016, the Tribunal concluded that Mr and Ms Krawczyk continued to live as members of a couple, meaning Ms Krawczyk was entitled to 100% of the family tax benefit.

Accordingly, the Tribunal affirmed the decision made by the Social Security & Child Support Division of the Administrative Appeals Tribunal on 8 September 2017.