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

This matter concerned an application by Mr Begley for review of a decision by the Secretary, Department of Social Services, regarding the date from which his Newstart Allowance should be increased. Mr Begley contended that his allowance should have been increased from 27 February 2018, the date he commenced receiving Youth Allowance, whereas the Secretary submitted that the earliest possible increase date was 11 June 2019. The Administrative Appeals Tribunal (AAT) was required to determine the correct date for the increase in Mr Begley's Newstart Allowance.

The primary legal issues before the Tribunal were whether Mr Begley had received notice of the relevant decisions from Centrelink and, consequently, when he was entitled to an increased rate of Newstart Allowance. Mr Begley claimed he did not receive correspondence from Centrelink between 2011 and 2018, alleging an error by Centrelink in using an incorrect address. The Tribunal also considered the effect of deeming provisions under the *Social Security (Administration) Act 1999* (Cth) regarding notification of decisions.

The Tribunal, presided over by M Evans-Bonner SM, determined the application on the papers due to Mr Begley's inability to attend the hearing. The Tribunal found that documentary records were the most reliable evidence. It concluded that Centrelink had complied with its notification obligations under section 237 of the *Administration Act* by sending notices to Mr Begley's last known address, even if he did not actually receive them. This conclusion was based on evidence showing Mr Begley's claim form included his old address and that he only updated his address on 18 April 2019. The Tribunal affirmed the AAT1 Decision, which had varied the original decision to increase Mr Begley's Newstart Allowance from 11 June 2019.