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

This matter concerned an application for review before the Administrative Appeals Tribunal (AAT) by Mr Ferguson against a decision of the Secretary, Department of Social Services. The dispute centred on the date of effect for an Essential Medical Equipment Payment (EMEP). While Mr Ferguson’s claim for EMEP made on 11 April 2022 was granted from that date, he sought to have the payment backdated to 2019, when his address changed and his wife’s previous EMEP payments ceased. The Social Security Appeals Tribunal (SSAT) had affirmed the decision that the EMEP was payable from 11 April 2022.

The primary legal issue before the AAT was whether it had jurisdiction to review the decision to cancel the EMEP in 2019, or if its role was limited to determining the start date of the new claim lodged in 2022. Mr Ferguson contended that he had not been properly notified of the cancellation and believed he should be backpaid for the years he missed the payment. The AAT was required to consider the utility of the review sought, particularly in light of the fact that the cancellation decision itself was not directly before it, and the review rights for that cancellation likely lay with his wife.

The Tribunal reasoned that Mr Ferguson was satisfied with the grant of his EMEP claim from 11 April 2022 and that his grievance related to the payments he had not received between 2019 and 2021. However, the decision to cancel the EMEP on 7 May 2019 was not the subject of the current review application. The Tribunal noted that review rights concerning the cancellation decision were more likely to reside with Mrs Ferguson, as the previous payments had been made to her. The Tribunal also raised the possibility of Mr Ferguson exploring a claim under the Compensation for Detriment caused by Defective Administration Scheme.

Ultimately, the Tribunal determined that it was open to Mr Ferguson and his wife to consider pursuing a review of the 7 May 2019 cancellation decision or to investigate the CDDA Scheme. Pursuant to section 42B(1)(a) of the *Administrative Appeals Tribunal Act 1975* (Cth), the application for review before the AAT was dismissed.