Beltsos-Russo and Secretary, Department of Social Services (Social services second review)

This matter concerned an application by Ms Beltsos-Russo for parenting payment (partnered) from a date prior to her formal claim. The Secretary of the Department of Social Services was the respondent. The Administrative Appeals Tribunal was required to determine whether Ms Beltsos-Russo was entitled to parenting payment (partnered) for a period before she lodged her claim on 12 January 2021.

The primary legal issue was whether the statutory provisions governing claims for social security payments permitted backdating the entitlement beyond the date of the claim. Specifically, the Tribunal considered whether Ms Beltsos-Russo could be deemed to have made a claim for parenting payment (partnered) at an earlier date, as provided for in certain circumstances under the *Social Security (Administration) Act 1999* (Cth).

The Tribunal noted that under section 500 of the *Social Security Act 1991* (Cth), Ms Beltsos-Russo qualified for parenting payment (partnered) on the date of her claim. However, the general rule under Schedule 2, subclause 3(1) of the *Social Security (Administration) Act 1999* (Cth) is that the start date for a payment is the day the claim is made, provided the claimant is qualified on that day. While Ms Beltsos-Russo submitted she had enquired about payments around the birth of her daughter in August 2019, she was not aware of parenting payment (partnered) until January 2021. The Tribunal found no evidence that she was in receipt of another income support payment either on or immediately prior to her claim date, which would have been a condition for a deemed claim under sections 12, 13, or 15 of the *Social Security (Administration) Act 1999* (Cth).

Consequently, the Tribunal was not satisfied that Ms Beltsos-Russo was entitled to parenting payment (partnered) prior to 12 January 2021. The decision under review, which affirmed the original decision to grant payment from the claim date, was affirmed.