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

The matter of MDXJ and the Secretary, Department of Social Services concerned a review of a decision regarding Family Tax Benefit, specifically relating to the percentage of care arrangements. The review was conducted by a Member of the Tribunal.

The primary legal issue before the Tribunal was whether any substantive matters remained that justified a further hearing, or if final orders should be made in relation to the reviews. This involved considering the existing care arrangements and their impact on the Family Tax Benefit entitlement.

The Tribunal accepted the submission of the Secretary that the most appropriate course of action was to make a final decision on the reviews. This approach was also agreed to by the applicant, SVPX, who had independently sought review of the Tier 1 decision. Consequently, the Tribunal set aside the decision under review and substituted a decision affirming the authorised review officer’s decision of 4 July 2017. This outcome was intended to finally discharge the Tribunal’s jurisdiction in these matters, drawing upon findings and reasons previously published on 19 February 2019.