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

This matter concerned an appeal by the Applicant against a decision of the Secretary, Department of Social Services, regarding the Applicant's eligibility for a sickness allowance. The central dispute revolved around the calculation of the Applicant and her partner's assets as at 3 March 2016, specifically whether their total asset value exceeded the prescribed limit for the allowance. The case was heard by Deputy President J Sosso.

The primary legal issue before the Tribunal was to determine the market value of the Applicant's principal home in Forest Lake as at 3 March 2016, and to consider how a property with a negative asset value should be treated in the overall asset calculation. The Tribunal was required to assess the reliability of competing valuations and apply the relevant social security legislation concerning asset limits.

The Tribunal preferred the valuation provided by MVS Valuers, which placed the Forest Lake property's market value at $550,000 as at March 2016, over a later valuation by a real estate agent that was considered a desktop valuation, lacked detail on comparable sales, and was based on a depressed market significantly after the relevant date. The Tribunal also determined that a property with a negative value should be treated as having a zero asset value for the purpose of the assets test. Based on these determinations, the Tribunal found that the Applicant's total asset value, including real estate and non-real estate assets, was below the applicable assets value limit. Consequently, the decision under review was set aside, and the matter was remitted to the Respondent to recalculate the Applicant's eligibility for the sickness allowance using the asset values determined by the Tribunal.