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

This matter concerned an appeal by Ms Edenborough against a decision by the Secretary of the Department of Social Services to cease payment of rent assistance. The dispute arose because Ms Edenborough had not provided proof of the rent she was paying at the time the decision was made on 11 December 2019. The case was heard by Mrs J C Kelly, Senior Member.

The primary legal issues before the Tribunal were whether Ms Edenborough had been properly notified of the decision to cease her rent assistance, and whether there were special circumstances that would permit her to make an application for review outside the usual 52-week time limit. The Tribunal was required to consider the effectiveness of the notification sent by the Agency and the applicant's reliance on her mother to manage her correspondence.

The Senior Member reasoned that the Agency's decision to cease rent assistance was made on 11 December 2019, and correspondence regarding this decision was sent to Ms Edenborough's mother's address, which Ms Edenborough had provided and authorised for mail delivery. While Ms Edenborough and her mother claimed not to have received the notification, the Senior Member noted that Ms Edenborough had since May 2020 begun receiving correspondence online via MyGov, inferring this change was a response to COVID-19 restrictions. The Senior Member accepted that the mother's evidence regarding the non-receipt of mail was approximately correct, but crucially, the Senior Member applied section 224 of the Family Assistance Administration Act, which provides that notice of decisions is taken to have been given if sent by post to the last known address.

The Tribunal affirmed the reviewable decision.