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

This matter concerned an appeal by the applicant, Mr Chedyak, against a decision of the Secretary of the Department of Social Services. The applicant, who was receiving a carer allowance at the single rate, sought arrears of this allowance at the higher single rate from an earlier date. The core of the dispute was whether the applicant was entitled to these arrears, given that he had not lodged an application within the 13-week period following an earlier decision that he was a member of a couple. The appeal was heard by Chris Puplick AM, Senior Member.

The primary legal issue before the Tribunal was whether the applicant was entitled to carer allowance arrears at the higher single rate from an earlier date, notwithstanding his failure to make an application within the prescribed 13-week period following the decision that he was a member of a couple. This required the Tribunal to consider the legislative framework governing applications for carer allowance and the time limits prescribed for seeking review or making subsequent applications for arrears.

The Tribunal affirmed the decision under review. In doing so, the Senior Member referenced his own determination in *Travers*, reiterating the principle that the Tribunal lacks the power to disregard the provisions of the relevant legislation or to create mechanisms that circumvent statutory requirements. This principle underscored the Tribunal's inability to grant the applicant arrears when the statutory time limits for application had not been met. The decision under review was therefore affirmed.