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

This matter concerned an application for a family tax benefit (FTB) top-up payment for the 2016/2017 financial year. The applicant, Ms. Botros, had received FTB payments for her three children for approximately 20 years. The dispute arose because the applicant's husband failed to inform the Department of Social Services (the Department) that he was not required to lodge an income tax return for the relevant financial year by the stipulated deadline of 30 June 2018. The Department had sent a letter in March 2018 informing the applicant of this requirement, but the applicant claimed she did not receive it. The case was heard by Linda Kirk SM.

The primary legal issues before the Tribunal were whether the March 2018 letter from the Department was deemed to have been received by the applicant, and if not, whether there were any "special circumstances" that prevented the applicant and her husband from notifying the Department of their tax return status by the deadline. The applicant argued that there was no evidence the letter was sent by Centrelink and that mail delivery issues with Australia Post meant the letter could have been lost. The Department contended that the applicant was taken to have received the letter due to the provisions regarding the deemed service of documents.

The Tribunal found that the applicant's husband confirmed the March 2018 letter was correctly addressed to their home. Applying sections 28A and 29 of the *Acts Interpretation Act 1901*, the Tribunal held that a document sent by pre-paid post to the last known address is deemed to have been given to the recipient, irrespective of actual receipt. The Tribunal noted that the applicant's husband had a history of mail delivery issues with Australia Post, but these were not considered "special circumstances" that prevented notification. The Tribunal concluded that the applicant did not notify the Department by the deadline and no special circumstances excused this failure.

Consequently, the Tribunal affirmed the reviewable decision. The applicant was therefore not entitled to the FTB top-up payment of $266.45 for the 2016/2017 income year.