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

This matter concerned an appeal by Mr Grech against a decision by the Secretary of the Department of Social Services regarding the rate of his age pension. The dispute arose because the Department had made an error in calculating Mr Grech's pension rate, which was subsequently corrected. The corrected calculation indicated that the value of Mr Grech's assets exceeded the minimum threshold for receiving the full age pension. The Administrative Appeals Tribunal was required to determine whether the value of Mr Grech's assets on 9 July 2021 was correctly assessed and whether this assessment warranted a reduction in his age pension rate.

The Tribunal considered the definition of a financial asset under section 9 of the relevant Act, which includes various financial investments and deprived assets. The Applicant provided evidence acknowledging that his understanding of social security matters and associated paperwork was limited, and that he had relied on Centrelink staff for assistance. He stated that while he had been informed of an overpayment due to a Centrelink error, he believed he had always acted appropriately. The Applicant did not dispute that the value of his assets on 9 July 2021 was approximately $519,810, which included cash, household contents, managed investments, real estate, and shares.

The Tribunal found that, based on the Applicant's own evidence, he did not dispute that the value of his assets on 9 July 2021 was in the vicinity of $519,810. This figure included a superannuation balance of $404,629.54 accessible at any time. Consequently, the Tribunal concluded that as of 9 July 2021, the Applicant held assets to the value of $519,810, which should have been taken into account when calculating his age pension rate. Accordingly, the decision under review was affirmed. The Tribunal also noted that if the Applicant's financial circumstances had changed since July 2021, he could provide updated details to the Respondent for an adjustment to his pension rate.