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

This matter concerned an appeal by Mr McKeough against a decision of the Secretary, Department of Social Services, regarding overpayments of Family Tax Benefit (FTB), Rent Assistance, and Schoolkids Bonus. The Administrative Appeals Tribunal, constituted by SM A C Cotter, was required to determine whether Mr McKeough had been overpaid these benefits and, if so, whether the debt should be written off or waived.

The primary legal issues before the Tribunal were whether Mr McKeough had received amounts of FTB and Schoolkids Bonus to which he was not entitled, and whether there were grounds to write off or waive the resulting debt. The Tribunal also considered Mr McKeough's entitlement to Rent Assistance, which was dependent on his care percentage of his children and his status as a homeowner.

The Tribunal found that Mr McKeough had acknowledged not meeting the required 35 percent care of his children, which directly impacted his entitlement to FTB and, consequently, the Schoolkids Bonus from 1 January 2012. This finding affirmed a previous decision that his care percentage was 18 percent, meaning the children ceased to be his FTB children from that date. However, he was entitled to Rent Assistance as the children were considered in "regular care" until he became an "ineligible homeowner" on 15 December 2014. The Tribunal concluded that there was no basis under the Administration Act to write off the debt or waive the right of recovery. The total overpayment was assessed at $23,196.41, which is a debt owing to the Commonwealth and is to be recovered from Mr McKeough. Accordingly, the decision under review was affirmed.