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

This matter concerned a review of decisions by the Secretary of the Department of Social Services regarding the suspension of the applicant's Sickness Allowance and the recovery of a Family Tax Benefit (FTB) debt. The applicant sought entitlement to portability provisions for his Sickness Allowance and claimed he was entitled to receive FTB while overseas.

The primary legal issues before the Tribunal were whether the applicant was entitled to the portability provisions under section 1217 of the *Social Security Act 1991*, specifically concerning "eligible medical treatment" not available in Australia, and whether the applicant was entitled to receive FTB part payment while overseas, given his absence from Australia. The Tribunal also considered whether the applicant provided ongoing care and maintained involvement in the day-to-day decision-making of his son during his absence, which would be relevant to the FTB debt.

Regarding the Sickness Allowance, the decision under review was affirmed, indicating the applicant was not found to be entitled to the portability provisions. Concerning the FTB debt, the Tribunal affirmed the decision that the applicant was not entitled to receive FTB part payment while overseas. The Tribunal found that the applicant's mere payment of child support, even at a higher rate, did not satisfy the factual elements of care required under sections 22(2) and 22(5) of the *A New Tax System (Family Assistance) Act 1999*. The Tribunal concluded that the applicant's regular phone calls to his son, aimed at maintaining a father-son bond, and his child support obligations did not demonstrate the level of ongoing care and involvement in day-to-day decision-making necessary to sustain a claim for FTB, distinguishing the case from those where absentee parents have successfully demonstrated such care.

Consequently, the Tribunal affirmed the decision to suspend the applicant's Sickness Allowance for the period of 25 September 2017 to 12 December 2017, and affirmed the decision to raise and recover a Family Tax Benefit debt of $624.12 for the period of 25 September 2017 to 5 November 2017.