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

This matter concerned an application for review by Ms Elliott of a decision made by an authorised review officer of Centrelink on 7 May 2013. The dispute arose because Ms Elliott sought a review of this decision more than 13 weeks after it was made, and the Social Security Appeals Tribunal (SSAT) was required to consider the implications of this delay on any potential entitlement. The SSAT, constituted by Dr L Bygrave, Member, heard the matter.

The primary legal issue before the SSAT was whether Ms Elliott's application for review had any reasonable prospect of success, given that it was lodged significantly out of time. Specifically, the SSAT had to determine the date from which any successful review decision could take effect, and whether such a date would result in any practical benefit to Ms Elliott, considering her existing receipt of a disability support pension.

The SSAT reasoned that the provisions of the *Social Security (Administration) Act 1999* (Cth), particularly item 8 of section 147, stipulated that where a review is sought more than 13 weeks after the original decision, any entitlement can only commence from the date the review was requested. In this instance, Ms Elliott requested a review on 6 March 2018, over four years after the initial decision. The SSAT noted that Ms Elliott was already receiving a disability support pension backdated to 8 March 2016. Consequently, even if the SSAT found her qualified for the pension from an earlier date, no arrears would be payable to her, rendering any favourable decision without practical effect.

Accordingly, the SSAT made an order to dismiss Ms Elliott's application for review pursuant to paragraph 42B(1)(b) of the *Administrative Appeals Tribunal Act 1975* (Cth) on the basis that it had no reasonable prospect of success.