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

This matter concerned an appeal by Mr Christopher Madden against a decision of the Secretary of the Department of Social Services regarding his eligibility for carer payment and carer allowance. The dispute centred on whether Mr Madden provided constant care to Mr Hammond, the care receiver, during the relevant claim period, specifically addressing the daily care requirements, attention, and supervision necessitated by Mr Hammond's conditions of bipolar disorder and recurrent lower back strain. The decision was made by Dr L Bygrave, Member.

The primary legal issues before the Tribunal were whether Mr Madden met the requirements of section 198 of the *Social Security Act 1991* for carer payment and section 954A of the *Social Security Act 1991* for carer allowance. Central to these issues was the determination of whether Mr Madden provided "care and attention" to Mr Hammond for at least 20 hours per week, encompassing the specific daily care needs arising from Mr Hammond's health conditions.

The Tribunal found, based on the evidence presented, that Mr Madden was indeed providing daily care to Mr Hammond for a minimum of 20 hours per week during the claim period. This care included attention to Mr Hammond's special needs, such as assistance with bodily functions and care essential for sustaining life, thereby satisfying the definition of "care and attention" as stipulated in section 954A of the Act. Consequently, the Tribunal set aside the original decision and substituted its own finding that Mr Madden met the eligibility criteria for both carer payment and carer allowance.