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

This matter concerned an appeal by Jackson against a decision of the Secretary of the Department of Social Services regarding the backdating of a carer allowance. The Administrative Appeals Tribunal (AAT) was tasked with determining whether the carer allowance could be granted retrospectively.

The primary legal issue before the Tribunal was whether the appellant, Jackson, had met the eligibility criteria for a carer allowance for a period prior to the date on which he lodged his claim. Specifically, the Tribunal had to consider the provisions of the *Social Security Act 1991* (Cth) relating to the assessment of eligibility for carer payments and the circumstances under which such payments could be backdated.

The Tribunal considered the evidence presented by Jackson, which included details of his care responsibilities and the period for which he sought the allowance. It applied the relevant legislative provisions, focusing on the requirements for continuous care and the definition of a severely disabled person. The Tribunal found that while Jackson had provided care, he had not satisfied the continuous care requirement for the entire period claimed, nor had he demonstrated that the person receiving care met the specific criteria for severe disability throughout that time. Consequently, the Tribunal determined that the carer allowance could not be backdated to the full extent of the period claimed.