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

This matter concerned an appeal by the applicant, Cupac, against a decision by the Secretary of the Department of Social Services regarding the start day for a carer payment. The applicant had applied for the payment more than 13 weeks after their initial contact with Centrelink. The core dispute revolved around whether the applicant's claim could be deemed to have been made at an earlier date than when it was formally lodged.

The Tribunal was required to determine whether the statutory criteria for a "deemed claim" under section 13 of the *Social Security (Administration) Act 1999* (Cth) were satisfied. Specifically, the Tribunal had to consider if the applicant met the requirements for a deemed claim, either by lodging the claim within 14 days of initial contact, within 13 weeks due to a medical condition, within 13 weeks due to caring for someone with a medical condition, or within 13 weeks due to special circumstances.

The Tribunal reasoned that for a claim to be deemed to have been made earlier than the lodgement date, specific conditions must be met. These include initial contact with the Department, qualification for the payment on the day of contact, and written acknowledgement from the Secretary. Crucially, the applicant had lodged their claim more than 13 weeks after initial contact, which meant the provisions for claims lodged within 14 days, or within 13 weeks due to a medical condition or special circumstances, were not applicable. The Tribunal found that the applicant did not satisfy the requirements for any of the deemed claim provisions.

Consequently, the Tribunal affirmed the decision of the Secretary, finding that the applicant's claim could not be deemed to have been made at an earlier date than when it was lodged.