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

This matter concerned an appeal by QXTK against a decision by the Secretary of the Department of Social Services regarding the assessment of QXTK's eligibility for a carer payment. The dispute centred on whether a property purchased with the sale proceeds of QXTK's former principal home should be considered an asset for the purposes of the carer payment. QXTK was residing with and providing a substantial level of care to her mother in a retirement home, and was prevented from moving into the newly purchased property on the relevant date due to these ongoing care responsibilities. The appeal was heard by Mr A. Maryniak KC, Member.

The primary legal issue before the Tribunal was whether the newly purchased property qualified as QXTK's principal home, notwithstanding her residing elsewhere due to her mother's care needs. This involved determining whether the property met the criteria for a principal home under the relevant social security legislation, particularly in light of QXTK's limited physical presence at the property following its purchase, but also considering the connection established through utility connections, the transfer of home contents, and the absence of any other identified principal home.

The Tribunal reasoned that the legislative definition of a principal home did not necessitate continuous physical occupation. It considered the evidence that utilities were connected and home contents had been moved to the property, indicating an intention for it to be QXTK's principal home. Crucially, the Tribunal noted that QXTK had no other principal home and that her inability to reside there was directly attributable to her caring responsibilities for her mother. Accordingly, the Tribunal set aside the Secretary's decision and remitted the matter for redetermination.