Boswell and Secretary, Department of Social Services

Mr Boswell sought to have his Disability Support Pension (DSP) backdated to his original claim lodged on 29 August 2014, which was refused by Centrelink on 15 September 2014. He contended that the decision to grant him DSP from 30 April 2015, following a second claim lodged in May 2015, was incorrect. The Secretary of the Department of Social Services submitted that there was no discretion for the Tribunal to grant back payment and sought dismissal of the application. The matter was heard by T. Tavoularis SM.

The primary legal issue before the Tribunal was whether Mr Boswell was entitled to DSP payments from the date of his initial, unsuccessful claim in August 2014, or only from the effective date of his successful second claim in April 2015. This involved determining the validity of the notification of the refusal of the first claim and the implications of Mr Boswell failing to appeal that decision within the prescribed time limit.

The Tribunal applied sections 13(1) and 42 of the Administration Act, read in conjunction with clause 3 of Schedule 2, which establish that the start date for a social security payment is generally the day the claim is made, provided the claimant was qualified on that day. The Tribunal also considered section 237 of the Administration Act and section 160 of the Evidence Act 1995. Section 237 presumes a notice of decision sent to a person's last known postal address is deemed to have been received in the ordinary course of post, unless proven otherwise. Section 160 of the Evidence Act further presumes receipt of a postal article sent by prepaid post on the fourth working day after posting. The Tribunal found that Mr Boswell was deemed to have received notice of the refusal of his first claim on 19 September 2014, meaning the 13-week appeal period expired on 19 December 2014. Despite Mr Boswell's contentions regarding his address, the Tribunal held that Centrelink was entitled to rely on his last known valid postal address, and Mr Boswell had not provided updated information to Centrelink.

The Tribunal agreed with the Secretary and dismissed Mr Boswell's application for a second review, finding that he had no prospects of success and was correctly granted DSP from 30 April 2015.