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

This matter concerned an application for a review of a decision by the Secretary of the Department of Social Services to refuse the applicant's claim for Carer Payment. The applicant had ceased employment to care for his mother, who had a permanent physical disability and was classified as a higher ADAT score adult. The core of the dispute revolved around whether the care receiver met the assets test requirements for the applicant to qualify for the payment.

The court was required to determine several legal issues. Firstly, whether the care receiver satisfied the assets test under section 198D of the relevant Act. Secondly, whether any exceptions to the assets test, as provided for in section 198N, applied. Finally, the court considered the effect of representations made by Centrelink to the applicant regarding his eligibility.

The Tribunal found that the care receiver's total assets, including a property valued significantly above its land valuation and bank accounts, amounted to $1,337,139 as at 17 May 2021. This sum substantially exceeded the applicable assets threshold of $716,750. Consequently, the care receiver did not meet the assets test under section 198D. Furthermore, the Tribunal determined that the exceptions under section 198N did not apply, as the care receiver's liquid assets and total assets exceeded the prescribed limits. The court noted the applicant's assertion that Centrelink had not informed him of the potential impact of his mother's assets when he discussed his claim, but concluded that this did not alter the statutory requirements for eligibility.

As the applicant did not satisfy the qualification requirements for Carer Payment under section 198 of the Act, the Tribunal affirmed the decision of the Respondent to refuse the claim.