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

This matter concerned an appeal by Mr Elcheikh against a decision affirming the start date of his carer payment. Mr Elcheikh contended that the payment should commence from 3 January 2019, the date of his initial claim, whereas the Secretary of the Department of Social Services maintained that the correct start date was 17 June 2019, the date of his second claim. The dispute centred on whether the initial claim, rejected on 25 January 2019, could be backdated, and the legal effect of the notification of that rejection.

The court was required to determine whether Mr Elcheikh was entitled to have his carer payment commence from the date of his first claim, 3 January 2019, or if the start date should be fixed at 17 June 2019, the date of his subsequent, successful claim. This involved considering the provisions of the *Social Security Act 1991* (Cth) and the *Social Security (Administration) Act 1999* (Cth) regarding the lodging of claims, the commencement dates of payments, and the time limits for seeking a review of a decision.

The court reasoned that the rejection letter for the first claim, sent by prepaid post to Mr Elcheikh's last known address, was deemed to have been received by him in the ordinary course of post, pursuant to section 237 of the *Administration Act* and section 29 of the *Acts Interpretation Act 1901* (Cth). Even if Mr Elcheikh did not personally receive the letter, he was legally considered to have been notified of the decision. The 13-week period for requesting a review of this decision, as stipulated by section 107 of the *Administration Act*, would have expired well before his second claim was lodged on 17 June 2019. Consequently, the decision under review was affirmed.