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

This matter concerned an appeal by the applicant, Giansiracusa, against a decision of the Secretary of the Department of Social Services regarding the payment of carer payment arrears, specifically rent assistance. The dispute centred on the date from which the applicant was entitled to receive rent assistance. The applicant contended that payment should commence from 29 November 2018, the date she became eligible for carer payments. The respondent, however, argued that due to an error on its part, rent assistance could only be paid from 2 July 2020, citing section 109(2) of the *Social Security (Administration) Act 1999* (Administration Act). The case was heard by R West M.

The primary legal issue before the court was to determine the effective date for the payment of rent assistance arrears. This involved interpreting section 109(2) of the Administration Act, which governs the commencement date of favourable determinations made as a result of a review initiated more than 13 weeks after an initial decision notice. The court also had to consider whether the notice of the original decision, dated 30 March 2019, was sufficient to trigger the 13-week time limit for review under section 109(2), particularly in light of the fact that it incorrectly omitted any mention of rent assistance.

The court reasoned that for section 109(2) to apply, the notice of the original decision must be sufficient to inform the recipient of the decision made. The letter dated 30 March 2019, while not explicitly mentioning rent assistance, did detail other components of the applicant's payments and invited further inquiries. The court found this letter to be proper notice for the purposes of section 109(2), as it would reasonably enable a person in the applicant's position to understand that rent assistance was not being paid. Consequently, the 13-week period for review commenced from the date of this notice. As the applicant's review was initiated more than 13 weeks after 30 March 2019, the favourable determination regarding rent assistance took effect from the date of the review application, which was 2 July 2020. The court affirmed the decision.