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

The Administrative Appeals Tribunal (AAT) had previously granted a carer payment claim to the respondent, Mrs Loughman, who was providing care for her husband. The Secretary of the Department of Social Services sought review of this decision, arguing that Mrs Loughman was not qualified for the carer payment. The core of the dispute concerned whether Mrs Loughman was providing "constant care" to her husband, who had a diagnosed medical condition but was maintaining casual employment at the relevant time.

The primary legal issue before the court was to determine whether Mrs Loughman qualified for a carer payment under the Adult Disability Assessment Test at the relevant time. This required an interpretation of the definition of "constant care" within the context of the Social Security Act 1991 (Cth) and the specific circumstances of the husband's medical condition and his continued casual employment.

The court found that the AAT's decision to grant the carer payment was not supported by the evidence. The court determined that the respondent's husband, despite his medical condition, was maintaining casual employment, which indicated that the care provided by Mrs Loughman did not meet the threshold of "constant care" as defined by the legislation. Consequently, the court set aside the AAT's decision and substituted its own decision, refusing Mrs Loughman's claim for Carer Payment made on 31 July 2020.