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

This matter concerned an application for review by Mrs Desfosses against a decision of the Administrative Appeals Tribunal (AAT1), which affirmed a decision by an authorised review officer. The core dispute revolved around the date from which Mrs Desfosses was entitled to receive carer payment (CP). Mrs Desfosses contended that she had applied for CP in 1987 and should have been paid from that earlier date, rather than from 28 May 1998, as determined by Services Australia.

The legal issues before the Tribunal were whether Mrs Desfosses had indeed applied for carer payment in 1987, and consequently, whether she was entitled to receive CP payments for the period between 1987 and 24 May 2011. The Tribunal was required to assess the evidence presented by Mrs Desfosses to support her claim of an earlier application date.

The Tribunal's reasoning focused on the absence of contemporaneous documentary evidence to substantiate Mrs Desfosses's claim of having applied for CP in 1987. Despite directions from the Tribunal for Mrs Desfosses to provide any such evidence, none was produced. The Tribunal accepted that Mrs Desfosses believed she had applied earlier, but this belief was not supported by any objective evidence. The only documented claim for CP was lodged on 4 June 1998, leading to the grant of payment from 28 May 1998.

The Tribunal affirmed the AAT1's decision, with a minor correction. The AAT1 decision had referred to 25 May 1998 as the commencement date for CP, which was an error. The Tribunal varied the decision to reflect the correct commencement date of 28 May 1998, affirming the decision to pay carer payment from that date.