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

This matter concerned a review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed a decision by an authorised review officer of the Department of Social Services. The applicant had been granted a disability support pension (DSP) at the single rate, but following his marriage, the Department had continued to pay him at the single rate based on special reasons. Subsequently, the Department reviewed this determination and decided the applicant should be paid at the partnered rate from 5 April 2017. The applicant later separated from his partner, and the Department accepted he was entitled to the single rate of DSP from 1 August 2019, the date he lodged a form advising of the separation. The AAT affirmed this decision, leading to the present review.

The primary legal issue before the Tribunal was the date from which the applicant was entitled to receive the disability support pension at the single rate, following his separation from his partner. This involved determining the application of section 110(1) of the *Social Security (Administration) Act 1999* (Cth), which governs when a favourable determination takes effect. The Tribunal had to consider whether the applicant had sufficiently informed the Department of his changed circumstances and whether the date of separation or the date of notification was the later date for the commencement of the higher rate.

The Tribunal found that the applicant had indeed separated from his partner on 28 April 2019 when she left Australia. While the applicant expressed some uncertainty about the precise status of his relationship at that time, he had consistently stated his separation date as 28 April 2019 in various forms and evidence. The Tribunal was satisfied that the applicant had separated from his partner on 28 April 2019. However, the Tribunal also noted that the applicant had contacted the Department on 4 July 2019 to advise of his separation, and this was the date the Department was first clearly informed of the changed circumstances. Applying section 110(1) of the *Administration Act*, the Tribunal determined that the favourable determination should take effect from the later of the date of separation (28 April 2019) or the date the Department was informed (4 July 2019).

Consequently, the Tribunal set aside the decision under review and substituted it with a new decision. The applicant was found to be entitled to receive the disability support pension at the single rate from 4 July 2019.