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

This matter concerned an appeal by the Applicant against the cancellation of her low income health care card (LIC). The Applicant contended that she had lodged a valid claim for the LIC, which should have been granted from 15 January 2019. The Respondent argued that the Applicant had not lodged a claim in the approved form or manner, and therefore the deemed claim provisions of section 13 of the relevant Act could not be enlivened. The Administrative Appeals Tribunal was required to determine whether the Applicant had successfully lodged a claim for the LIC.

The Tribunal considered whether the Applicant's actions constituted the lodging of a claim in the approved form. The Applicant argued that the terms "return," "lodge," and "submit" were used interchangeably in the legislation and policy, and that her actions, including commencing an online application and providing proof of identity documents, indicated a clear intention to claim. She also contended that her medical condition and special circumstances made it not reasonably practicable to lodge the claim earlier, and that the principle of beneficial administration should apply. The Respondent maintained that the lodging of proof of identity documents alone did not constitute a claim made in the approved form.

The Tribunal found that while the Applicant had commenced an online claim on 15 January 2019 and provided the necessary proof of identity documents on 11 April 2019, which fell within the relevant 13-week period, the online claim was not completed and submitted as required. The Tribunal acknowledged the Applicant's health condition but found it did not adversely affect her ability to lodge the claim, given her contention that she had indeed lodged it. The Tribunal affirmed the decision under review.