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

This decision of the Administrative Appeals Tribunal concerned a dispute between Ms Strang and the Secretary of the Department of Social Services regarding the allocation of care percentages for three children. The core of the dispute revolved around determining the proportion of care each parent provided to the children for the purposes of Family Tax Benefit (FTB) eligibility.

The Tribunal was required to determine the respective care percentages for Ms Strang and Mr Rowlands in respect of the three children, E, A, and L. This determination was crucial for the calculation of FTB payments, as the percentages directly influence which parent is considered to have the majority care and therefore the primary entitlement.

The Deputy President applied an extended definition of care, considering not only the direct time spent with the children but also the availability of the parent to provide care. For child E, the Tribunal found an 80% care percentage for Ms Strang and 20% for Mr Rowlands. For children A and L, the Tribunal determined a care percentage of 60% for Ms Strang and 40% for Mr Rowlands, reflecting the time spent with the children and the support provided for their schooling and sporting activities, while also acknowledging Mr Rowlands' significant presence and availability in the household during the relevant period. The previous decision of 18 May 2017 was set aside and substituted with these new percentages.