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

This matter concerned an appeal by the Applicant against a decision by the Secretary of the Department of Social Services regarding Family Tax Benefit (FTB) entitlements. The dispute centred on whether the Applicant and the Other Party were members of a couple and, consequently, the correct percentage of care arrangements for their child, [Child 2], between 17 May 2016 and 4 December 2017. The case was heard by C Edwardes M.

The primary legal issues before the Tribunal were to determine whether the Applicant and the Other Party constituted a couple for the purposes of FTB legislation during the specified period, and if not, to establish the correct percentage of care arrangements for [Child 2]. This involved assessing the nature of their relationship and the practical care arrangements for the child in light of the relevant provisions of the *A New Tax System (Family Assistance) Act 1999* (Cth) and related social security legislation.

The Tribunal considered evidence including statements from both parties and social media posts. The Applicant contended that despite a brief separation, he and the Other Party had resumed their marital relationship and were jointly caring for their son, presenting Facebook posts as evidence of their ongoing relationship, including posts about holidays, gifts, and anniversary acknowledgments. The Other Party, however, stated she did not consider them a couple and was living separately due to domestic violence. The Tribunal noted the Other Party's medical condition, which led to hospitalisation and impacted her ability to act as primary carer. Ultimately, the Tribunal affirmed the decision of the Administrative Appeals Tribunal (AAT1), finding that the parties were members of a couple for the period in question and that the care arrangement was not a shared care situation.