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

This matter concerned an appeal by Mr Savage against a decision of the Administrative Appeals Tribunal (AAT) affirming a determination by an Authorised Review Officer (ARO) regarding the care percentage of three children for the purposes of Family Tax Benefit. Mr Savage contended that there had been a change in the care percentage, implying a greater proportion of care was provided by him.

The primary legal issue before the Tribunal was to determine the actual care percentage of the children between Mr Savage and Ms Moore, the respondent. This involved assessing the evidence presented by both parties regarding their respective contributions to the children's care following their separation.

The Tribunal considered extensive written and oral evidence, including statements from Mr Savage's father, his current partner, and a friend of the children's rugby team, as well as evidence from Ms Moore. While acknowledging that Mr Savage and Ms Moore provided different levels and types of care, the Tribunal found that they nevertheless contributed equally to the provision of that care. Applying the principles for determining actual care, the Tribunal concluded that the ARO and the AAT's prior determination of a 50%/50% care arrangement was correct.

The Tribunal affirmed the decision under review, finding no basis to alter the established care percentage.