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

This matter concerned an appeal by Mrs El Azzi against a decision by the Secretary of the Department of Social Services regarding the start date for her Pensioner Education Supplement (PES) payments. The Administrative Appeals Tribunal was required to determine whether Mrs El Azzi was entitled to receive PES payments from a date earlier than 15 October 2015.

The central legal issue was the interpretation and application of provisions within the *Social Security (Administration) Act 1999* (Cth) concerning the making of claims for social security payments and the determination of their commencement dates. Specifically, the Tribunal had to consider the rules for when a claim is deemed to have been made, the general rule for a payment's start day, and the specific provisions for backdating PES payments. The Tribunal also had to assess whether Mrs El Azzi's circumstances met the criteria for an extended time limit for lodging a claim.

The Tribunal accepted the Secretary's contention that Mrs El Azzi's claim for PES was not lodged within the prescribed timeframe for backdating. While Mrs El Azzi qualified for the PES on 16 March 2015, the date she commenced her course, her claim was not lodged within four weeks of this commencement. Section 13 of the *Administration Act* allows for a claim to be deemed made on the date of initial contact if the claim is lodged within 14 days, and Mrs El Azzi's contact with the Department on 15 October 2015, followed by a written claim on 27 October 2015, satisfied this. However, the specific provisions for backdating PES payments, outlined in clauses 30 to 32 of Schedule 2, require claims to be lodged by certain dates relative to the commencement of study or qualification for the supplement. As Mrs El Azzi's claim was lodged significantly outside these periods, the Tribunal found that the PES could only be paid from the date her claim was effectively made, which was 15 October 2015. The Tribunal noted that speaking to her course provider did not constitute a claim for PES under the Act.

The decision under review was affirmed, meaning Mrs El Azzi's Pensioner Education Supplement payments were to commence from 15 October 2015.