Hodges-Fong and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) from a decision of the Secretary, Department of Social Services, regarding an Age Pension claim. The applicant had initially had her claim rejected on the basis of failing to comply with a written notice requesting further information. While the Secretary initially maintained the applicant had not provided all requested information, this position was later softened to acknowledge a reasonable attempt was made. The core dispute revolved around whether an earlier date of payment was possible for the applicant's Age Pension.

The legal issues before the Tribunal included determining the date on which the applicant was notified of the rejection of her initial claim, and consequently, the date from which her claim for review should be considered to have commenced. This was crucial for establishing eligibility for payment from an earlier date, as opposed to the date of a subsequent reapplication. The Tribunal also had to consider the applicant's explanation for the significant delay in pursuing her claim after lodging additional documentation.

The Tribunal considered the provisions of the *Social Security Act 1991* (Cth) and the *Social Security (Administration) Act 1999* (Cth). It accepted that the applicant was notified of the rejection of her application on 24 August 2019. However, the Tribunal also accepted the applicant's evidence that she was unaware of this rejection and that her contact with the Agency on 24 April 2020 constituted her first attempt to seek review of the decision, or at least to inquire about the delay. The Tribunal found the applicant's explanation for the delay in pursuing her claim, including personal crises and mental health struggles, to be credible.

The Tribunal directed that the applicant's initial claim for Age Pension be redetermined, taking into account the additional information provided on 13 August 2019. Crucially, it ordered that if the applicant was deemed eligible, she should be paid from 24 April 2020, the date on which she first contacted the Agency after the initial rejection.