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

This matter concerned an appeal by an applicant against a decision by the Secretary of the Department of Social Services to affirm the cancellation of rent assistance. The core of the dispute revolved around whether the applicant had sought a review of the decision within the prescribed 13-week period, and if not, whether the notification of the original decision had been properly given. The case was heard by The Hon. R Baldwin, Member.

The legal issues before the Tribunal were whether the applicant had failed to seek review of the decision within the 13-week period stipulated by subsection 109(2) of the *Social Security (Administration) Act 1999* (Cth), or alternatively, whether the decision to cancel rent assistance should have taken effect from an earlier date under paragraph 109(3)(b) of the Act due to a failure to notify a correspondence nominee. The Tribunal was required to determine if the applicant had been properly notified of the original decision and, if so, when.

The Tribunal reasoned that the Secretary was not obligated to notify a correspondence nominee if one had not been formally appointed. Evidence indicated that while the applicant had lodged a form nominating Ms Hall as a correspondence nominee on 19 April 2017, the Secretary did not officially appoint Ms Hall as the correspondence nominee until 25 May 2017, after the notices of the decision were sent to the applicant on 2 May and 15 May 2017. The Tribunal also found that Ms Hall, as the payment nominee, would reasonably have been aware of the change in benefit payments, as the payments were deposited into her bank account. Consequently, the Tribunal concluded that the applicant had been correctly notified of the decision on 2 May and 15 May 2017 and had failed to seek review within the 13-week timeframe.

Therefore, the Tribunal affirmed the decision under review.