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

This matter concerned an application by the Applicant to the Administrative Appeals Tribunal (AAT) for review of decisions made by the Secretary, Department of Social Services, regarding the Applicant's entitlement to Family Tax Benefit (FTB) Part B and the Schoolkids Bonus. The Applicant contended that he had received less than the full rate of FTB Part B and that his wife's income should not have been considered in its calculation.

The primary legal issue before the Tribunal was whether the Applicant's application had any reasonable prospect of success, such that it should be dismissed pursuant to section 42B of the *Administrative Appeals Tribunal Act 1975* (Cth). This required the Tribunal to assess whether the Applicant could reasonably sustain any contention or line of argument that would lead to a variation of the decision under review.

The Tribunal applied the established parameters for exercising the power to dismiss an application, which require caution and a high degree of certainty about the ultimate outcome. It found that the Applicant's contentions regarding the calculation of FTB Part B and supplements were incapable of rational challenge, as they were based on principles of law and statutory definitions that were beyond argument. Specifically, the Tribunal noted that the relevant legislation provided that where a person is a member of a couple, the adjusted taxable income for the purposes of FTB is that of the person who earned the lower amount. The Tribunal was satisfied that the reductions in the Applicant's payments due to his wife's income were properly made and that there was no evidence to support the Applicant's claims of incorrect calculations.

Consequently, the Tribunal concluded that the substantive application was both misconceived and without any reasonable prospect of success. It was therefore dismissed pursuant to section 42B(1)(a) and (b) of the *Administrative Appeals Tribunal Act 1975* (Cth).