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

This matter concerned an application by Ms Kim McKeown (the Applicant) for a review of a decision by the Secretary of the Department of Social Services regarding her entitlement to Family Tax Benefit (FTB). The dispute centred on the percentage of care the Applicant provided for her two children during a specific period, which impacts the calculation of FTB. The decision was made by Senior Member Belinda Pola of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether there had been a change to the Applicant's pattern and percentage of care for her children during the relevant period, and consequently, whether the original decision regarding her FTB entitlement was correct. This required the Tribunal to assess the evidence presented by both the Applicant and the other party to establish the actual care arrangements.

The Tribunal found itself in a position of having to make a determination with limited corroborating evidence and conflicting factual accounts from the parties. While the Applicant initially claimed 100% care and later modified this to "most of the time" and "over 50%", her own Centrelink form indicated an estimated 65% care. Furthermore, the Tribunal noted inconsistencies in the Applicant's evidence regarding the preparation of her diary entries. Based on the available evidence, including the conflicting statements and the lack of substantiation for witness statements, the Tribunal concluded that there was no change to the pattern and percentage of care. The Tribunal affirmed the original decision, which found that the Applicant and the other party equally shared care of the children on an alternating weekly basis.