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

This matter concerned an appeal by Mrs Griffiths against a decision of the Secretary of the Department of Social Services regarding the effective date of her claim for an aged pension. The dispute centred on whether Mrs Griffiths had made a joint claim with her husband and, consequently, the date from which her pension entitlement should commence. The decision was made by Senior Member J Rau SC.

The primary legal issues before the court were whether Mrs Griffiths had made a valid claim for an aged pension, and if so, what the effective date of that claim was. This involved determining whether the lodgement of an online claim, coupled with the completion of a declaration, constituted a claim under the *Social Security (Administration) Act 1999* (the Administration Act), and whether the Secretary had properly approved the form and manner of such claims. The court also considered provisions relating to deemed claims for vulnerable individuals.

The court reasoned that under sections 11 and 16 of the Administration Act, a claim must be made in a manner approved by the Secretary. While the Secretary contended that the online claim process, as outlined in an Operational Blueprint, constituted an approved form, the court noted that the lodgement of the claim and the signing of the declaration were critical steps. Although the Secretary accepted that all necessary information for Mrs Griffiths' claim was received, the absence of evidence that Mrs Griffiths completed the declaration prior to a specific date meant she could not be taken to have submitted a claim earlier. The court found that Mrs Griffiths did not rely on provisions for deemed claims, as her claim was lodged outside the relevant timeframes and she did not fall within the specified classes of vulnerable persons.

The court affirmed the decision under review.