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

This matter concerned an appeal by Mr and Mrs Boyton (the Applicants) against a decision by the Secretary of the Department of Social Services regarding their age pension entitlements. The core of the dispute revolved around the effective date of a favourable determination that increased the rate of their payments. The Applicants sought to have this increase backdated to an earlier period than that determined by the Department. The review was heard by Member D K Grigg of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the favourable determination for the increased rate of pension should take effect from 20 March 2017, as determined by the Department, or an earlier date. This involved considering the application of section 109 of the *Social Security (Administration) Act 1999* (Cth) concerning the date of effect of a favourable determination, and whether the Applicants had made a valid request for review prior to the Department's decision. Additionally, the Tribunal had to consider whether it possessed discretionary power under section 43(6) of the *Administrative Appeals Tribunal Act 1975* (Cth) to order arrears to be paid from a date earlier than that permitted by the relevant legislation.

The Tribunal found that the Applicants had been given proper notice of the Department's decision to increase their pension rate on 20 March 2017, satisfying section 109(2)(b) of the *Administration Act*. It also concluded that the Applicants had not made a valid request for review prior to 2017, as any such request in 2012 predated a written decision being made. Consequently, the Tribunal determined that the effective date of the favourable determination, and thus the commencement of back pay, was 20 March 2017, in accordance with section 109(1) of the *Administration Act*. The Tribunal further held that it did not have the discretion under section 43(6) of the *AAT Act* to order arrears to be paid from an earlier date, as the *Social Security Act* and the *Administration Act* did not permit such an outcome.

The decision under review was set aside and substituted with a decision that the Applicants were entitled to the higher rate of Age Pension and Carer Payment from 20 March 2017.