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

This matter concerned an application by Mr Brown for a second review by the Administrative Appeals Tribunal (AAT) of a decision by the Authorised Review Officer (ARO) concerning his Disability Support Pension (DSP). The dispute centred on Mr Brown's entitlement to back payment for an increased rate of his DSP for the period between 24 May 2016 and 29 April 2020. The ARO had determined that Mr Brown could only receive back payment from 20 March 2020, as his request for review on 8 May 2020 was within 13 weeks of a Consumer Price Index (CPI) rate decision made on that date. However, the ARO found that Mr Brown was not eligible for back payment for the earlier period. The AAT affirmed the ARO's decision, and Mr Brown subsequently applied to the Tribunal for a second review.

The legal issues before the Tribunal were whether the ARO's decision was correct, specifically concerning the date from which Mr Brown was entitled to receive an increased rate of DSP. This involved determining the application of the notice provisions under the *Social Security (Administration) Act 1999* (Cth) and the time limits for requesting a review of a decision to ensure eligibility for backdated payments. The Tribunal was required to consider the relevant provisions of the *Social Security Act 1991* (Cth) and the *Social Security (Administration) Act 1999* (Cth), as well as the policy guidance contained in the Guide to the Social Security Law.

The Tribunal's reasoning focused on the interpretation of section 109 of the *Social Security (Administration) Act 1999* (Cth), which governs the date of effect of favourable determinations resulting from a review. The Tribunal noted that the Respondent accepted that Mr Brown was not earning the income upon which his DSP rate was calculated during the period in question. However, the Respondent contended that Mr Brown was not eligible for back payment for the period prior to 20 March 2020 because his request for review on 8 May 2020 was made more than 13 weeks after the initial decisions notifying him of his DSP rate. The Tribunal also considered section 237 of the *Administration Act*, which outlines when notice of a decision is considered to have been given, and noted that this section applies even if the person did not actually receive the notice. The Tribunal found that the request for review was made outside the 13-week period for the earlier decisions, and therefore, the favourable determination could only take effect from the date of the application for review.

The Tribunal affirmed the decision of the ARO, meaning that Mr Brown was not entitled to receive back payment for an increased rate of his Disability Support Pension for the period from 24 May 2016 to 19 March 2020.