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

The Administrative Appeals Tribunal considered joined applications concerning a Disability Support Pension (DSP) and rent assistance. The applicant sought to challenge decisions regarding the cancellation of her DSP and her entitlement to rent assistance, as well as the date she ceased to be a member of a couple. The Tribunal was required to determine whether the applicant's DSP was correctly cancelled in 2006, whether she was entitled to rent assistance from November 2013, and the precise date she ceased to be a member of a couple.

The Tribunal's reasoning focused on the evidence available at the time the original decisions were made, giving greater weight to contemporaneous file notes over the applicant's later submissions. Regarding the cancellation of the DSP in 2006, the Tribunal noted that this was due to the applicant's failure to provide requested financial information, which was necessary to assess her correct entitlement. This information related to her shareholding in a trustee company, income from a family trust, and proceeds from a business involving her ex-spouse and children. The Tribunal found that the applicant had previously informed Centrelink of changes in her financial affairs, including the establishment of a family trust and a private company to operate a business.

The Tribunal affirmed the decision regarding the cancellation of the applicant's DSP. However, the decisions concerning rent assistance and the date the applicant ceased to be a member of a couple were set aside and remitted for further consideration. The Tribunal did not consider late closing submissions filed by the applicant, citing the procedural history and multiple opportunities already afforded to her.