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

[2018] AATA 482

Box and Secretary, Department of Social Services (Social services second review) [2018] AATA 482 (14 March 2018)

Division:GENERAL DIVISION

File Number:           2017/6471

Re:Geoffrey Box

APPLICANT

AndSecretary, Department of Social Services

RESPONDENT

DECISION

Tribunal:Senior Member N A Manetta

Date:14 March 2018

Place:Adelaide

The Tribunal refuses the application for an extension of time.

.......................[Sgd]................................

Senior Member N A Manetta

CATCHWORDS

PRACTICE AND PROCEDURE - extension of time – applicant with limited cash – applicant wanting to avoid seven-day waiting period for Newstart allowance - applicant disputes finding he is not in severe financial hardship – applicant disputes common sense but not applicability of statutory definition in s 19C of the Social Security Act -– extension of time refused as application for review has no chances of success.

LEGISLATION

Social Security Act 1991, s 19C

REASONS FOR DECISION

Senior Member N A Manetta

14 March 2018

1. This is an application by Mr Geoffrey Box seeking an extension of time within which to lodge an application for review in respect of a decision reached in Centrelink. Mr Box represented himself; Mr Oliver appeared for the respondent.

2. The decision complained of concerns the start date of Mr Box’s Newstart allowance.  Given Mr Box was self-represented, I shall state the matter as plainly as I can.  I do not understand Mr Box to dispute the correctness of what I would call the “normal rule” that a person who applies for and is granted a Newstart allowance will have a start date that is fixed seven days after the date of application.

3. It is accepted by the respondent that the week’s delay should be adjusted by Centrelink where the recipient is in “severe financial hardship”.

4. “Severe financial hardship” is defined in s 19C(2) the Social Security Act1991 (the Act) in such a way that Mr Box’s bank account balance of $1,067.00 means he is automatically excluded from being considered to be a person in “severe financial hardship”.[1]  Mr Box did not dispute that he had a bank balance of this amount but he disputed very strongly the common sense of this rule of exclusion.  He made the point, in the strongest terms possible, that a person can be in severe financial hardship notwithstanding the presence of an amount of $1,067 in his or her account.

   [1] The amount of $1,067 is more than the maximum fortnightly rate for the allowance.

5. I would agree with that submission.  A person may face pressing debts that must be immediately paid (for example, utilities bills where disconnection is threatened).  The cash may have been quite properly earmarked to meet the pressing debts.  When the debts are paid, there may be very little left over.

6. Nevertheless, the Act, through its definition, effectively “deems” Mr Box not to be in a state of “severe financial hardship” for the purposes of the assessment of his application for an earlier start date for his Newstart allowance.  The Tribunal cannot alter the definition or dispense with it.  Mr Oliver assured me there was no other power of exemption or dispensation available to Centrelink.  Mr Box disputes the fairness of such a narrow definition in the Act but, unfortunately for him, that is not a matter the Tribunal is empowered to review.

7. I agree with Mr Oliver’s submission that unless Mr Box’s proposed application has a realistic chance of success, I should not grant an extension of time to allow it to be pursued.  As the Tribunal has no power to refuse to apply the Act or to dispense with its definitions, I cannot see how Mr Box’s proposed application for review would have any realistic chance of success.  Accordingly, I shall refuse Mr Box’s application for an extension of time.

I certify that the preceding 7 (seven) paragraphs are a true copy of the reasons for the decision herein of Senior Member N A Manetta

....................[Sgd].................................

Administrative Assistant

Dated: 14 March 2018

Date(s) of hearing:	14 December 2017
Applicant:	In person
Advocate for the Respondent:	Mr O Morris
Solicitors for the Respondent:	Department of Human Services