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

The Administrative Appeals Tribunal considered the case of Asiminaris and the Secretary, Department of Social Services, concerning the applicant's eligibility for a carer allowance bereavement payment. The applicant had been receiving carer allowance and carer payment for caring for her mother, and additional carer allowance for caring for her father. Following her father's death, Centrelink advised her that her carer allowance would be adjusted to only cover care for her mother. The applicant contended that she was entitled to a carer allowance bereavement payment, which allows carer allowance to continue for up to 14 weeks after the death of the care recipient.

The primary legal issue before the Tribunal was whether the applicant qualified for a carer allowance bereavement payment after her father's death. The applicant argued that she should not be excluded from this payment simply because she was receiving a carer payment for her mother, asserting that this exclusion only applied if she was receiving a carer payment for the deceased father. She also raised arguments regarding the closure of her father's Centrelink account and a lack of assistance for funeral expenses.

The Tribunal affirmed the decision under review, finding that the applicant did not qualify for the carer allowance bereavement payment. The Tribunal's reasoning focused on the legislative framework governing these payments, particularly the provisions that prevent a person from receiving both a carer payment and a carer allowance bereavement payment for the same care recipient. The Tribunal noted that the applicant was receiving a carer payment for her mother, and while this was not directly related to her father's death, the applicant's own summary of the rules indicated that receiving a carer payment generally precluded receiving a carer allowance bereavement payment to avoid double payment. The Tribunal also dismissed the argument concerning the closure of her father's Centrelink account, stating there was no evidence that this was a significant factor in the decision to deny payment.