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

This matter concerned an appeal by Ms Bond against a decision of the Department of Social Services (the Agency) regarding her claim for an Age Pension. Ms Bond sought to have her Age Pension paid from a date earlier than 4 July 2019, specifically from the date she initially lodged her claim in June 2017. The core of the dispute revolved around whether Ms Bond had been properly notified of the Agency's decision to reject her initial claim and, consequently, the date from which any subsequent favourable decision should take effect.

The legal issues before the Tribunal were whether Ms Bond was taken to have received notice of the Agency's decision to reject her Age Pension claim, and if so, whether the legislative provisions concerning the date of effect for a favourable decision following a review allowed for backdating to her original claim date. The Tribunal was required to consider the application of sections 237 and 107 of the *Social Security (Administration) Act 1999* (Cth) in determining when notice of a decision is considered given and the commencement date of a pension following a review.

The Tribunal reasoned that section 237 of the *Social Security (Administration) Act 1999* (Cth) provided that notice of a decision is taken to have been given if it is delivered personally, left at the last known address, or sent by prepaid post. The Tribunal found that a decision rejecting Ms Bond's Age Pension claim was made and notice of this decision was sent to her. Crucially, Ms Bond did not apply for a review of this decision within the 13-week period stipulated by section 107(2) of the Act. As more than 13 weeks had passed before Ms Bond requested a review, section 107(3) applied, meaning any favourable determination would take effect from the date the review was requested, not the original claim date.

The Tribunal affirmed the decision, finding that Ms Bond had not sought a review of the Agency's rejection decision within the legislated 13-week period. Her subsequent contact with the Agency in 2019 constituted a new claim, and her request for a review of the 2017 decision was not made until 2 January 2020. Therefore, in accordance with section 107(3) of the *Social Security (Administration) Act 1999* (Cth), the determination embodying a favourable decision would take effect from the date of that review request.