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

This matter concerned an appeal by Smith against a decision of the Secretary of the Department of Social Services regarding the Family Tax Benefit (FTB). The central dispute revolved around whether Smith qualified as an Australian resident at the time of their claim for FTB and whether the child in question was considered an FTB child in Smith's care.

The Administrative Appeals Tribunal was required to determine two primary legal issues. Firstly, it had to ascertain whether Smith met the criteria for Australian residency as defined by the relevant social security legislation at the time the FTB claim was made. Secondly, the Tribunal needed to assess whether the child was an "FTB child" for the purposes of the claim, which involved considering whether the child was in Smith's care.

In reaching its decision, the Tribunal considered various factors relevant to establishing Australian residency, including the applicant's physical presence, intentions, and connections to Australia. The Tribunal also examined the nature of the care provided by Smith to the child, applying the statutory definition of an "FTB child" and the concept of "care" within the context of the Family Assistance Act 1997 (Cth). Ultimately, the Tribunal affirmed the original decision.