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

This matter concerned a review of a decision by the Social Services & Child Support Division of the Administrative Appeals Tribunal (AAT) affirming the Department of Social Services' decision to grant the Applicant a Disability Support Pension (DSP) with a start date of 17 September 2018. The Applicant sought to have the DSP backdated to an earlier date in May 2018.

The primary legal issue before the Tribunal was whether any of the exceptions provided in section 13 of the *Social Security Act 1991* (the Act) applied to permit the DSP to be backdated. These exceptions relate to circumstances where a person has contacted the Department prior to lodging a claim, and the claim is lodged within specific timeframes thereafter, particularly where a medical condition or related circumstances significantly affected the ability to lodge the claim earlier.

The Tribunal considered the Applicant's assertions that Departmental officers had represented that they would complete an application form for him on two separate occasions prior to September 2018. However, the Tribunal found the Applicant's evidence regarding these interactions to be vague and inconsistent. This was further supported by evidence from a witness, Mr. Wayne Gleeson, which corroborated the Respondent's position that certain asserted interactions, including a psychological assessment, had not occurred as the Applicant recalled. The Tribunal concluded that the Applicant had not made a claim for DSP following his 2017 rejected claim and prior to 17 September 2018, and that none of the exceptions under section 13 of the Act were applicable.

Accordingly, the Tribunal affirmed the decision under review, holding that the general rule applied and the start date for the Applicant's DSP grant was correctly determined as 17 September 2018, the date on which his written application was lodged.