Allen and Secretary, Department of Employment and Workplace Relations

[2006] AATA 150

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2006] AATA 150

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2005/719

GENERAL ADMINISTRATIVE DIVISION		)
Re		ROBERT ALLEN

Applicant

And SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS

Respondent

DECISION

Tribunal Mr RG Kenny, Member

Date 23 February 2006

PlaceBrisbane

Decision The Tribunal affirms the decision under review.

.................Sgn....................

Member

CATCHWORDS

SOCIAL SECURITY – applicant in receipt of age pension – applicant not eligible for pensioner education supplement – decision affirmed

Social Security Act 1991 s1061PA, 1061PJ

REASONS FOR DECISION

23 February 2006 Mr RG Kenny, Member     

Background

1.      Robert Allen (the applicant) was granted age pension from 7 July 2004.  On 10 August 2005, he lodged a claim for payment of the pensioner education supplement, a form of income support payable in accordance with the terms of the Social Security Act 1991 (the Act).  On 15 August 2005, his claim was rejected and that decision was affirmed by an authorised review officer from Centrelink on 15 September 2005 and again by the Social Security Appeals Tribunal on 14 October 2005.  On 11November 2005, Mr Allen sought review of the decision by the Administrative Appeals Tribunal (the Tribunal).

Hearing

2. Both Mr Allen and the respondent consented to this matter being dealt with in their absence and the matter proceeded on that basis in accordance with the terms of section 34J of the Administrative Appeals Tribunal Act 1975. 

Evidence

3.      Mr Allen said that he was advised by a Centrelink officer on 4 August 2005 of the availability of the pensioner education supplement and was provided with relevant documentation on that day.  He maintained that he was advised by the officer that he would receive the supplement and that this would be in the form of an initial payment of $200 with periodic payments thereafter in the amount of $69.70 while he continued to study.  He then enrolled in a course at Gold Coast Tafe in Certificate IV Assessment and Workplace Training.  The cost of undertaking this course was $995 and he paid this in advance.  He commenced his course on 10 September 2005.  As noted above, he was, thereafter, advised of his ineligibility for the pensioner education supplement. 

4.      Material forwarded to the Tribunal by the respondent included a file note, dated 4 August 2005, relating to the conversation between Mr Allen and the Centrelink officer as well as a statement of the rate of pensioner education supplement payable at that time.  The file note indicates that Mr Allen was advised that he may be eligible for the supplement and that he would need to test his eligibility by making a claim.  As noted above, he was provided with the relevant documentation for doing so at that time.  The material also indicates that the basic rate of payment at that time was $62.40 per fortnight rather than the amount referred to by Mr Allen.

Consideration

5.      The pensioner education supplement is a fortnightly payment which serves the purpose of assisting certain recipients of income support payments under the Act and the costs of undertaking study.  The qualifying criteria for the payment are set out in section 1061PA of the Act which reads:

“Qualification for pensioner education supplement

1061PA.  A person is qualified for a pensioner education supplement if the person:

(a)       is undertaking qualifying study (see Subdivision B); and

(b)       is receiving a payment attracting pensioner education supplement (see      Subdivision C); and

(c)       is of pensioner education supplement age (see Subdivision D); and

(d)       meets the residency requirements under Subdivision E.”

6.      The provision makes it clear that each of the requirements must be met and, of relevance in this matter, is paragraph (b) which indicates that the payment may only be made to those persons who are receiving particular types of payment.  These are listed in section 1061PJ of the Act which reads:

“Payments attracting pensioner education supplement

General

1061PJ.(1)  A person is receiving a payment attracting pensioner education supplement if the person is receiving:

(a)       a payment under this Act set out in subsection (2); or

(b) a pension under the Veterans’ Entitlements Act set out in subsection (3); or

(c)in the case of a person who has a dependent child—compensation under the Military Rehabilitation and Compensation Act set out in subsection (4)

Payments under this Act

1061PJ.(2)  The payments under this Act are the following:

(a)      a disability support pension;

(b)in the case of a person whose partner is receiving a disability support pension—a wife pension;

(c)      a carer payment;

(d)      a pension (PP) single;

(e)      a widow B pension;

(f)       a widow allowance;

(g)      in the case of a person who is a sole parent—a special benefit;

(h)      a rehabilitation allowance payable under clause 35 of Schedule 1A.

7.      The payment under the Act which Mr Allen receives is the age pension and that is not one of the forms of payment nominated in subsection 1061PJ(2) of the Act.  This means that Mr Allen does not meet the eligibility requirements for payment of the pensioner education supplement regardless of what he may have been told by a Centrelink officer in August 2005.  Payments under the Act may only be made in accordance with the criteria listed in the Act and, in this case, because he does not meet the eligibility criteria to qualify for the pensioner education supplement, it is not payable to him. 

8.      The decision under review is affirmed.

I certify that the 8 preceding paragraphs are a true copy of the reasons for the decision herein of Mr RG Kenny, Member

Signed:         Jeff Mills
  Legal Research Officer

Date/s of Hearing  The matter was heard on the papers 
Date of Decision  23 February 2006