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

This matter concerned an appeal by the applicant, Avgoustatos, against a decision of the Secretary, Department of Social Services, regarding the start date for his carer allowance payment. The core of the dispute revolved around whether the applicant was entitled to have his carer allowance payment commence from an earlier date than that determined by the Department.

The court was required to determine the correct date from which the applicant's claim for carer allowance should be considered to have been made, in accordance with the relevant provisions of the *Social Security (Administration) Act 1999* (Cth). Specifically, the court had to consider whether any provisions for "deemed" claims or the treatment of incorrect claims could apply to advance the start date of the applicant's entitlement.

The court reasoned that under section 11 of the *Administration Act*, a person must make a claim to receive a social security payment. Section 16 outlines the methods for making a claim, typically by lodging a written claim on an approved form. While the applicant lodged his claim for carer allowance on 19 May 2020, the court found that no provisions for deemed claims under section 13 of the *Administration Act* could assist him, as the law had changed to require inclusion in a specific class of persons, and even then, the claim was not lodged within the prescribed timeframe following initial contact. Furthermore, section 15, which deals with incorrect claims, was not applicable as the applicant had not made an incorrect claim but rather no claim for carer allowance prior to 19 May 2020. The applicant's claim for carer payment, which was granted, was not considered an incorrect claim for the purposes of this provision.

Consequently, the court affirmed the decision under review, meaning the carer allowance payment would commence from 19 May 2020. The court also noted that it had no authority to consider claims under the CDDA scheme, which the applicant was aware of as an alternative option.