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

This matter concerned an application for review of a decision by the Social Services and Child Support Division (SSCSD) regarding the applicant's entitlement to Family Tax Benefit (FTB) for a child between 1 April 2016 and 1 October 2016. The central dispute was whether the applicant was legally responsible for the child during this period, a prerequisite for being considered an FTB child under the *A New Tax System (Family Assistance) Act 1999* (the Act).

The court was required to determine whether the child was an FTB child of the applicant for the specified period, specifically considering the definition of "FTB child" under section 22 of the Act. This involved assessing whether the circumstances surrounding legal responsibility for the child's care met the criteria outlined in section 22(5) of the Act, namely whether the applicant was legally responsible for the child's day-to-day care, welfare, and development, or if there was a family law order or parenting plan in place, or if the child was not in the care of anyone with legal responsibility.

The court found that the applicant was not eligible to receive FTB for the child during the relevant period. It concluded that the applicant did not have legal responsibility for the child's day-to-day care, welfare, and development as required by section 22(5)(a) of the Act. Furthermore, the court found no evidence to support the applicant satisfying the criteria under sections 22(5)(b) or 22(5)(c). Contemporaneous evidence, including boarding school communications and hospital records, indicated that the child's mother and her partner were responsible for the child's care and associated fees during the period in question.

The decision under review was affirmed.