Argiris and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs

[2008] AATA 171

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2008] AATA 171

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No   2007/4076

GENERAL ADMINISTRATIVE DIVISION		)
Re		CHRISOULA ARGIRIS

Applicant

And SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES & INDIGENOUS AFFAIRS

Respondent

DECISION

Tribunal Mr C. Ermert, Member

Date28 February 2008

PlaceMelbourne

Decision The Tribunal affirms the decision under review.

(sgd) Mr C. Ermert

Member

SOCIAL SECURITY – one-off payments for carers – carer allowance bonus – instalment to cover 8 May 2007 – instalment paid because of clause 16 of the Social Security (Administration) Act – claim to be made before 8 May 2007 – carer payment bonus – claim to be made before 8 May 2007 – decision affirmed.

Administrative Appeals Tribunal Act 1975 s 37

Social Security Act 1991  ss 992WA, 261

Social Security (Administration) Act 1999 s 13

REASONS FOR DECISION

28 February 2008     Mr C. Ermert, Member

Introduction

1.      In September 2006 Mrs Argiris was granted family tax benefit and maternity payment in respect of her child, Paraskevi by Centrelink, the agency which provides services for the respondent.  On 11 May 2007 Mrs Argiris contacted Centrelink regarding a claim for carer allowance and carer payment.  She lodged claims for these payments on 18 May 2007.  Centrelink granted her carer allowance backdated to 16 February 2007 and carer payment from 11 May 2007.

2.      On 21 June 2007 Mrs Argiris contacted Centrelink and queried her entitlement to the one-off carer allowance bonus and the carer payment bonus.  An authorised review officer of Centrelink decided that Mrs Argiris was not entitled to the bonus payments as she had not made a claim for either payment on or before 8 May 2007.  Mrs Argiris applied for a review of this decision by the Social Security Appeals Tribunal (SSAT).  In its decision dated 9 August 2007 the SSAT affirmed the Centrelink decision.  This matter is a review of the SSAT decision.

The Hearing

3. Mrs Argiris represented herself and participated in the hearing via a telephone link. The respondent was represented by Mr A. Carson, an advocate from Centrelink Legal Services. I had before me the documents lodged by the respondent pursuant to section 37 of the Administrative Appeals Tribunal Act 1975 (the T-documents).

4.      At the hearing Mrs Argiris accepted the key facts of the situation as outlined by the respondent and the submissions made by the respondent.  Mrs Argiris presented no evidence or submissions in support of her application.

The Issues

5.      The issue in this case is whether Mrs Argiris is entitled to the carer allowance bonus and the carer payment bonus.

Carer Allowance Bonus

6. Mrs Argiris contacted Centrelink in regard to the payment of carer allowance on 11 May 2007 and subsequently submitted the claim on 18 May 2007. Applying the provisions of section 13 of the Social Security (Administration) Act 1999 (the Administration Act) the date of the contact with Centrelink was accepted as the date of claim, in this case 11 May 2007.

7. Clause 16(2) of Schedule 2 of the Administration Act provides for the start day of the allowance to be 12 weeks immediately before the day on which the claim was made. Applying those provisions, the start day for Mrs Argiris’ carer allowance was determined to be 16 February 2007.

8. The provisions for the payment of a carer allowance bonus are set out in section 992WA of the Social Security Act 1991 (the Act).  They are:

(1)  A person (the qualified person) is qualified for a 2007 one-off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:

(a)  the instalment was in respect of a period that includes 8 May 2007;

(b) the reason why that instalment covered 8 May 2007 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;

(c)   the person was paid that instalment because of a claim the person made on or before 8 May 2007.

9. Mrs Argiris was paid arrears of carer allowance which covered the period 16 February 2007 to 29 May 2007. However the reason the payment covered the period including 8 May 2007 was because of the application of clause 16 of Schedule 2 of the Administration Act. In addition, Mrs Argiris’ claim was not made on or before 8 May 2007. Hence, Mrs Argiris does not qualify for the carer allowance bonus as her situation does not comply with the provisions of sub-sections (b) and (c) of section 992WA of the Act.

Carer Payment Bonus

10. Applying the provisions of section 13(1) of the Administration Act, as for her carer allowance, the start day for the payment of carer payment to Mrs Argiris was 11 May 2007.

11.     The criteria for entitlement to the carer bonus is set out in section 261 of the Act as follows:

A person (the qualified person) is qualified for a 2007 one-off payment to carers (carer payment related) it:

(a)  the person has been paid an instalment of carer payment in respect of a period that includes 8 May 2007; and

(b)  the person was paid that instalment because of a claim the person made on or before 8 May 2007.

12.     Mrs Argiris was paid carer payment from 11 May 2007 which period does not include 8 May 2007.  In addition, Mrs Argiris did not make her claim on or before 8 May 2007.  As a consequence Mrs Argiris is not qualified for the carer bonus.

Conclusion

13. The provisions of the Act and the Administration Act preclude the qualification of Mrs Argiris for the one-off carer payment bonus and the carer allowance bonus. It is unfortunate that Mrs Argiris did not contact Centrelink until 11 May 2007, only three days after the specified date of 8 May 2007. I echo the words of the SSAT in its written decision: although the Tribunal is sympathetic to Mrs Argiris’ situation, there is no discretion provided in the law to allow payment of the bonuses for a claim made any time after 8 May 2007. 

DECISION

14.The Tribunal affirms the decision under review.

I certify that the fourteen [14] preceding paragraphs are a true copy of the reasons for the decision herein of:

Mr C. Ermert, Member

(sgd)     Lauren Spragg
  Clerk

Date of Hearing:  1 February 2008

Date of Decision:  28 February 2008

Advocate for the applicant:                 Self represented

Advocate for the respondent:             Mr A. Carson, Centrelink Legal Services