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

The Administrative Appeals Tribunal (AAT) considered a dispute between XYYX and the Secretary, Department of Social Services concerning the assessment of Family Tax Benefit (FTB) entitlements. The core of the disagreement revolved around the correct apportionment of care for two children between the parents during specific periods.

The Tribunal was required to determine the percentage of care each parent provided for the two children. This determination was crucial for calculating the correct FTB entitlements and any potential debts or underpayments that might arise from the previous assessment.

The Tribunal set aside the decision under review, finding that the mother cared for the children for 63 per cent of the time and the father for 37 per cent during the periods in question. The Tribunal remitted the matter to the respondent for recalculation of entitlements and/or debts, expressing hope that any resulting adjustments would be minimal or waived due to special circumstances or practical considerations.