Skinner and Secretary, Department of Family and Community Service S and Tozer

[2003] AATA 713

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 713

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2003/359

GENERAL ADMINISTRATIVE  DIVISION		)
Re		DAVID SKINNER

Applicant

And

SECRETARY,DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

And

KATHI TOZER

Respondents

DECISION

Tribunal Deputy President Don Muller

Date15 July 2003

PlaceTownsville

Decision The Tribunal affirms the decision under review.

.................(Sgd).............................

Deputy President

CATCHWORDS

Social Security- whether allocation of percentage of Family Tax Benefit was correct

Family Assistance Act 1999  subsections 22 (3) and 22 (7)

WRITTEN REASONS FOR ORAL DECISION

30 July 2003 Deputy President Don Muller       

1.      This is an application made by Mr David Skinner for review of a decision of the Social Security Appeals Tribunal dated 20 December 2003 which varied a decision of Centerlink dated 15 March 2000.   The SSAT concluded that for a certain period from 19 October 2001 the payment of the Family Tax Benefit (“FTB”) should be apportioned between David Skinner and his former partner, Kathi Tozer, at 50/50 between them in relation to their child.

2.      There is a Family Court order dated 8 May 2001 which provides for a split of childcare between the parents in proportion of 50/50, which may change from time to time by small degrees depending on circumstances such as Christmas, school holidays, and Birthdays.

3.      Mr Skinner claims that he regularly spends 4 hours per week more with the child then does Ms Tozer. He calculates this by reference to the delivery and pick up times on change over weekends. Thus he claims that he should be entitled to a percentage of FTB in excess of 50%.

4.      There are 168 hours in one week. Which means that if Mr Skinner’s assertions are correct he spends 86 hours per week with the child and Ms Tozer spends 82 hours.

5.      As a percentage of the 168 hours, 86 hours is 51.19%, this means that Mr Skinner spends 51.19% of the week with the child and Ms Tozer spends 48.81% of the week with the child. That is, in rounded terms 51% to 49%.

6.      When one takes into account other variables such as, time spent at Christmas, school holidays, long weekends, the occasional illness of the child or parent, work commitments and other variables that impinge on the time spent per week with the child,  those percentages could vary in such a way that a 50/50 split of the time spent with the child by each parent would be the appropriate outcome.

7.      The Tribunal takes the view that the decision of the SSAT dated 20 December 2002 to allocate the payment of FTB at 50/50 between the two parents accords with commonsense and is affirmed.

I certify that the 7 preceding paragraphs are a true copy of the reasons for the decision herein of Deputy President, Don Muller

Signed:         Catherine O’donovan
  Associate

Date/s of Hearing  15 July 2003 - Townsville
Date of Oral Decision                15 July 2003
Date of Written Reasons          30 July 2003

The Applicant appeared in person
For the Respondent                  Mr R McQuinlan, Departmental Advocate