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

This matter concerned an appeal by Mr Boschma against a decision of the Secretary of the Department of Social Services. The dispute centred on the date of effect of a favourable determination regarding Mr Boschma's Age Pension entitlement. The Administrative Appeals Tribunal (AAT) was required to consider whether section 43(6) of the *Administrative Appeals Tribunal Act 1975* (Cth) applied to the circumstances of the case.

The primary legal issue before the AAT was whether the favourable determination regarding Mr Boschma's Age Pension should have an earlier date of effect than that determined by the Secretary. This involved an interpretation of section 43(6) of the *Administrative Appeals Tribunal Act 1975*, which deals with the date of effect of decisions where the Tribunal varies or substitutes an original decision.

The AAT reasoned that section 43(6) of the *Administrative Appeals Tribunal Act 1975* only applies when the Tribunal varies or substitutes the original decision under review. In this instance, the AAT found that the original decision made by the Secretary was correct under the relevant legislation. Consequently, there was no basis for the Tribunal to vary or substitute that decision, and therefore, section 43(6) was not engaged. The AAT affirmed the decision under review.