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

This matter concerned an appeal by Ms Thi Nguyen against the cancellation of her carer payment by the Secretary of the Department of Social Services. The dispute centred on whether Ms Nguyen had provided "constant care" to Mr H Nguyen during the period from 24 April 2017 to 31 July 2018, a requirement for receiving carer payment under the Social Security Act 1991 (Cth). The Administrative Appeals Tribunal was tasked with determining this sole issue.

The legal issue before the Tribunal was whether Ms Nguyen had satisfied the "constant care" requirement for the specified period, given that it was accepted Mr H Nguyen had the necessary disability score and Ms Nguyen had ceased caring for him in July 2018. The Tribunal considered contradictory evidence presented by Ms Nguyen regarding the daily care she provided, which she stated was for six days a week, accounting for Mr H Nguyen's absences overseas. However, the Tribunal also noted significant concerns with the credibility and consistency of Ms Nguyen's oral evidence.

The Tribunal found Ms Nguyen's oral evidence to be unreliable and lacking in credibility, particularly when compared to the medical report of Dr Thai and her own statements about Mr H Nguyen's capabilities. Specifically, Ms Nguyen's descriptions of the care provided for Mr H Nguyen's fainting episodes and hand injury were vague and inconsistent with his ability to walk independently, climb stairs, and handwrite. Consequently, the Tribunal placed minimal weight on Ms Nguyen's evidence of providing daily care.

Based on the unreliability of Ms Nguyen's evidence, the Tribunal concluded it could not be satisfied that she had provided "constant care" to Mr H Nguyen between 24 April 2017 and 31 July 2018. Accordingly, the Tribunal set aside the decision under review and substituted a new decision finding that Ms Nguyen was not qualified to receive carer payment during that period, as she failed to meet the requirements of subsection 198(2) of the Social Security Act 1991 (Cth).