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

This matter concerned an application for review of a decision by the Secretary of the Department of Social Services (DSS) regarding an applicant's entitlement to Family Tax Benefit (FTB) for the 2014/2015 financial year. The applicant had created an online claim for FTB past period on 29 October 2015, but the claim was not finalised and submitted until 7 October 2016. The DSS contended that the claim was not effective because it was not lodged in the approved form and manner, nor within the required timeframe of 30 June 2016.

The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had lodged an effective FTB past period claim for the 2014/2015 year. This involved assessing whether the claim was made in the manner and form approved by the Secretary and by the statutory deadline of 30 June 2016. If the claim was not lodged by this date, the Tribunal also had to consider whether there were special circumstances that prevented the applicant from making the claim within the prescribed period.

The Tribunal noted that the Secretary's requirements for an online FTB claim included completing the details, making the declaration, and then submitting the claim by clicking the "submit" box. While the applicant created the claim form on 29 October 2015, the evidence indicated that the submission occurred on 7 October 2016, after the 30 June 2016 deadline. The Tribunal found no special circumstances that prevented the applicant from lodging the claim by the required date. Consequently, the Tribunal concluded that the applicant's FTB past period claim was not effective and was therefore taken not to have been made.

The application for review was unsuccessful, and the AAT affirmed the decision made by the delegate of the Secretary.