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

This matter concerned an appeal by Hobden against a decision of the Secretary of the Department of Social Services regarding the commencement date of her Carer Allowance. The Administrative Appeals Tribunal (AAT) had affirmed the Secretary's decision that the allowance was payable from a date later than that contended by Hobden.

The primary legal issue before the Tribunal was whether Hobden was entitled to have her Carer Allowance payment commence from the date she first contacted the Department, rather than the date her formal application was lodged. This turned on whether she had received mistaken advice from a departmental officer that led her to delay lodging the formal application.

The Tribunal considered the evidence regarding the initial contact and the subsequent advice provided. It applied the principles relating to mistaken advice in the context of social security legislation, which generally require a claimant to demonstrate that they acted to their detriment in reliance on that advice. The Tribunal found that the evidence did not establish that Hobden had received mistaken advice that directly caused her to delay lodging her application, and therefore, the deemed date of lodgement was upheld.

The Tribunal set aside its previous decision and substituted a new decision. It found that Hobden was entitled to Carer Allowance from 20 September 2019, the date she lodged her application, rather than the earlier date she had sought.