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

This matter concerned an appeal by MPNM against a decision of the Secretary, Department of Social Services, regarding entitlements to Parenting Payment and Family Tax Benefit. The core of the dispute revolved around the determination of the principal carer of two children during specific periods between October 2013 and June 2014, and the subsequent calculation of any debts arising from overpayments.

The Tribunal was required to determine the percentage of care each party, MPNM and the Other Party (FPPQ), had for the children during four distinct periods. This determination was crucial for establishing who was the principal carer for the purposes of social security payments and for recalculating the Applicant's entitlement and any potential debt. The Tribunal also considered the application of the Department's policy regarding the identification of a principal carer in cases of shared care.

The Tribunal applied the principle that in cases of shared care, the person providing the greater percentage of care is generally considered the principal carer, as outlined in the Department's policy. It found that for the entire period in question, FPPQ had provided the greater percentage of care. The Tribunal referenced the Full Court of the Federal Court's decision in *Drake v Minister for Immigration & Ethnic Affairs* (1979) FCA 39, affirming that while a Tribunal is not bound by government policy, it is entitled to treat such policy as a relevant factor when reviewing a decision, particularly when it was a factor in the original decision-making process.

The Tribunal concluded that MPNM was not entitled to Parenting Payment for the periods where FPPQ was the principal carer. Consequently, the decision regarding Family Tax Benefit was remitted for recalculation based on the determined care percentages. The Tribunal noted that its decision might result in a debt being raised against FPPQ for payments he had received to which he was not entitled.