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

This matter concerned a review by the Administrative Appeals Tribunal of a decision by the Secretary, Department of Social Services, regarding Ms Woolley's eligibility for a carer payment. Ms Woolley's claim for carer payment was based on the needs of her son.

The primary legal issue before the Tribunal was whether Ms Woolley's son met the eligibility criteria for a carer payment, specifically concerning the requirement for a professional questionnaire to indicate a rating greater than zero. The Tribunal was required to determine if the submitted professional questionnaires accurately reflected the son's functional ability, behaviour, and special care needs, and if the absence of a rating above zero disqualified Ms Woolley from receiving the payment.

The Tribunal considered three professional questionnaires submitted by Ms Woolley, completed by a consultant, a surgical registrar, and a clinical nurse consultant, all of whom were familiar with her son's needs. Each of these questionnaires returned a score of zero. The Tribunal found no evidence to suggest these questionnaires did not accurately reflect the son's condition. Consequently, as the requirement for a rating greater than zero was not met, the Tribunal concluded that Ms Woolley was not qualified for a carer payment at the time of her claim. The Tribunal affirmed the decision under review, noting that the legislation provided no discretion to make a different decision in these circumstances, despite acknowledging Ms Woolley's difficult personal situation.