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

The Administrative Appeals Tribunal considered the case of Ms French and the Secretary, Department of Social Services, concerning Ms French's entitlement to Parenting Payment. The central dispute was whether Ms French should receive the payment from an earlier date than her formal claim submission on 12 May 2020, specifically from 23 March 2020 when she registered her intention to claim online.

The Tribunal was required to determine the applicable start date for Ms French's Parenting Payment. This involved considering the general rules for lodging claims and determining payment start dates under the *Social Security (Administration) Act 1999*, as well as the specific provisions relating to "deemed claims" and the potential for backdating payments under special circumstances, particularly in light of the COVID-19 pandemic.

The Tribunal reasoned that under the *Administration Act*, a claim is generally considered lodged when all required documents are submitted. Ms French's initial online registration on 23 March 2020 was an intention to claim, not a lodged claim. The provisions for deemed claims, which allow for backdating to the date of initial contact, require the Secretary to be satisfied that special circumstances prevented an earlier lodgement. While Ms French had registered her intention to claim, she did not lodge a formal claim within the stipulated timeframe for deemed claims, nor did the Tribunal find that the circumstances met the criteria for special consideration under the relevant provisions.

Consequently, the Tribunal affirmed the decision under review, meaning Ms French's Parenting Payment was correctly granted from the date of her formal claim submission on 12 May 2020, and not from the earlier date of her registered intention to claim.