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

This matter concerned an appeal by Mr Carey against the cancellation of his Age Pension and the determination of the correct start date for its reinstatement, as well as his entitlement to arrears. The dispute arose after Mr Carey failed to notify Centrelink of a change in his postal address, leading to the suspension of his pension. Mr Carey represented himself and was found to be an honest witness who believed Centrelink would resolve the matter and reinstate his pension, and that he would receive arrears from the date of suspension.

The Administrative Appeals Tribunal was required to determine two primary legal issues: first, the correct start date for Mr Carey's new claim for the Age Pension, and second, whether he was entitled to receive arrears of the Age Pension. These issues necessitated an examination of complex provisions within the Administration Act, particularly concerning the general rule for determining the start day of a social security payment and the circumstances under which an intention to claim could be considered a deemed claim.

The Tribunal considered the general rule that a payment's start day is the day the claim is made, provided the claimant is qualified on that day. However, it also examined subsection 13(1) of the Administration Act, which allows for a deemed claim if certain conditions are met, including the claimant lodging the claim within 14 days of initial contact with the Department. While Mr Carey had expressed an intention to claim during a telephone call with Centrelink on 29 May 2015 and was qualified at that time, he failed to lodge his formal claim within the stipulated 14-day period. The Tribunal found that no exceptions under subsections 13(2), 13(3), or 13(3A) applied, as there were no medical conditions or special circumstances to justify the delay. Consequently, the start day for his new claim was determined to be 3 June 2015, the date his claim was actually lodged.

The decision under review was set aside and remitted to the Secretary with directions that the correct start day for Mr Carey’s new claim for the Age Pension was 3 June 2015, and that Mr Carey was not entitled to receive arrears of his Age Pension.