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

This matter concerned an application for review of a decision regarding the date from which the applicant was entitled to receive arrears of Disability Support Pension (DSP). The applicant had lodged a claim for DSP in February 2014, providing information about his self-employment. Following a rejection of his initial claim and subsequent provision of further, at times contradictory, information regarding his private company, the applicant was granted DSP. The core dispute revolved around the date from which this pension should be paid, with the applicant arguing he was underpaid due to errors by the Department of Social Services.

The legal issue before the Tribunal was to determine the correct date from which the applicant was entitled to DSP arrears. This involved assessing whether the applicant had provided sufficient information to the Department to establish his entitlement from an earlier date than that determined by the Department, and whether the Department's recording of the applicant's income from a private company, which was not operating from January 2015, had led to an incorrect payment rate. The Tribunal also considered the applicant's compliance with reporting requirements and the impact of his responses on the Department's decision-making process.

The Tribunal found that despite the confusing nature of the applicant's responses on the MOD F form, it was sufficient for the Department to grant DSP. The Tribunal noted that the Department did not seek further clarification regarding the continued operation of the applicant's company or his income from it. Crucially, the Tribunal determined that the applicant was issued notice of a decision regarding the rate of his DSP on 15 August 2019, and that he sought review of this notice within the prescribed 13-week period. Consequently, subsection 109(1) of the *Social Security (Administration) Act 1999* was satisfied.

The reviewable decision was set aside, and the matter was remitted to the Secretary with the finding that the applicant was entitled to be paid arrears of DSP from 15 August 2019.