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

This matter concerned an appeal by Mr Mintoff against a decision of the Secretary, Department of Social Services, regarding the assessment of family tax benefit. The core dispute between Mr Mintoff and the other party, the children's mother, centred on the percentage of care each parent provided to their children and the relevant date from which this percentage should apply. The case was heard by Dr L Bygrave, Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine two primary legal issues: firstly, the date from which the percentage of care for the children should be assessed, and secondly, what percentage of care should be assigned to each party during the relevant period. The applicant contended that the separation date was April 2019 and that he provided the majority of care, including 100% of financial care. The other party argued for an earlier separation date of 1 July 2018 and asserted she provided 100% of the day-to-day care.

In determining the date of separation, the Tribunal considered the terms of settlement signed by the parties, which stated the final separation occurred in July 2018, and a detailed chronology provided by the other party outlining the breakdown of the marriage. These were weighed against the applicant's less detailed assertion of separation in April 2019. The Tribunal was satisfied that separation occurred by 1 July 2018 and that the period of shared living under one roof, during which care was provided, concluded on 12 October 2020. Regarding the percentage of care, the Tribunal found that both parents were legally responsible and contributed to the children's care. The applicant provided financial care and attended some school and sporting events, while the other party provided day-to-day care, including domestic duties and managing appointments, and also made a financial contribution through loan repayment arrangements.

Ultimately, the Tribunal found that both the applicant and the other party provided 50% of the care for the children during the period from 1 July 2018 to 12 October 2020. Consequently, the decision under review was affirmed.