Jonaway and Secretary, Department of Social Services (Social security)

[2025] ARTA 759

Jonaway and Secretary, Department of Social Services (Social security) [2025] ARTA 759 (27 May 2025)

Applicant/s:  Mrs Jonaway

Respondent:  Secretary, Department of Social Services

Tribunal Number:   2025/S193216 

Tribunal:  General Member L Manville

Place:Brisbane

Date:27 May 2025

Decision:The Tribunal affirms the decision under review.

CATCHWORDS
SOCIAL SECURITY – Child Care Subsidy – starting date – activity test information about child care enrolment provided and draft claim made at earlier date – reliance on advice from child care provider – no record of earlier claim on department’s records or provision for backdating claim – personal liability for full child care fees – decision under review affirmed

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information pursuant to subsection 16(2AB) of the Child Support (Registration and Collection) Act 1988.

Statement of Reasons

BACKGROUND

1. This review concerns a decision of Services Australia – Centrelink (Centrelink) about the start date of a claim for child care subsidy (CCS).

2. On 16 July 2024, Mrs Jonaway lodged a claim for CCS with respect to the child care of [her child].  The claim was granted and effective from 24 June 2024.

3. Mrs Jonaway requested an internal review of the decision to grant CCS from 24 June 2024 and not an earlier date.  On 24 January 2025, an authorised review officer affirmed the decision to grant CCS from 24 June 2024.

4. On 11 February 2025, Mrs Jonaway made an application to the Administrative Review Tribunal (the Tribunal) seeking independent review of the Centrelink decision.

5. A hearing was conducted on 21 May 2025, and Mrs Jonaway participated in the hearing via MS Teams audio conference and gave affirmed evidence.  

6. The Tribunal had regard to the evidence given and submissions made by Mrs Jonaway at the hearing, the documents produced by Centrelink pursuant to section 23 of the Administrative Review Tribunal Act 2024 numbered pages 1 to 62 (the hearing papers).  Mrs Jonaway confirmed receipt of the hearing papers prior to the hearing.

ISSUE

1. The issue for the Tribunal to determine is the date that CCS became payable to Mrs Jonaway. 

CONSIDERATION

1. The statutory provisions relevant to this application for review are found within the family assistance law, in particular the A New Tax System (Family Assistance) Act1999 (the Act) and the A New Tax System (Family Assistance) (Administration) Act 1999.

2. Under section 67BB of the Administration Act the only way that an individual can become entitled to be paid CCS is to make a claim in respect of a child in accordance with Division 2 of the Administration Act.  A claim is effective if it is made in the form and manner approved by the Secretary.  A claim that is not effective is taken to not have been made (sections 67BE and 67BF of the Administration Act). 

3. The date of effect of a determination to grant CCS is from the first date from which the Secretary is satisfied that the qualification requirements of CCS are met under section 85 of the Act, which is the first Monday of a CCS fortnight and not more than 28 days before the claim was made (subsection 67CC(4) of the Administration Act).

4. Mrs Jonaway lodged a claim for CCS in the approved manner and form on 16 July 2024 in respect of the child care for her child.  The claim was granted on 16 July 2024, and by application of subsection 67CC(4) of the Administration Act, took effect from 24 June 2024.

5. Mrs Jonaway contends that the correct date from which her qualification for payment should have been assessed is 11 April 2024 because that was the date when enrolment information concerning [the child]’s child care was uploaded and when she prepared a draft claim for CCS.  Mrs Jonaway was certain that she lodged a claim on this date along with also making an online update change to her activity status.  Mrs Jonaway gave evidence that she recalled completing the claim form and she believed that she had submitted the claim.  Mrs Jonaway confirmed that she received no lodgement notification or confirmation from Centrelink.  She contended that her claim ought to be granted from the date when she completed the draft claim because it demonstrated her intention to make an effective claim for CCS.

6. Mrs Jonaway told the Tribunal that she had been informed by her nominated child care provider that the enrolment for [the child] had been approved and they were awaiting confirmation of the subsidy amount from Centrelink.  Mrs Jonaway expected there to be some delay in the processing of the claim as that had been her experience when she lodged a claim for another child.  She therefore waited to receive information concerning her subsidy amount and did not follow up with Centrelink.  

7. Mrs Jonaway told the Tribunal that the proprietor of the child care service advised her not to pay the child care fees for [the child]’s attendance until the amount of the subsidy was known.  Mrs Jonaway held the belief that the child care provider was in communication with Centrelink in respect of her CCS claim.  As a consequence of Mrs Jonaway’s claim not being backdated to an earlier date, she incurred personal liability for the full child care fees. Mrs Jonaway contends she cannot afford to pay and told the Tribunal she believed that she has been misled by the child care provider.

8. A review of contemporaneously prepared contact records between Centrelink and Mrs Jonaway confirms that on 26 March 2024, Mrs Jonaway contacted Centrelink for the purposes of updating her activity test information.  No further entries are made to the record until 16 July 2024– that is, when Mrs Jonaway lodged the claim for CCS.  The authorised review officer’s investigation notes record ‘No receipts found in ACE that would indicate attempt to lodge claim prior to 16 July 2024’. 

9. Sections 67BE and 67BF of the Administration Act are clear in their language.  The statutory provisions provide no discretion to make an incomplete claim effective.  The Tribunal is sympathetic to the circumstances that Mrs Jonaway bears personal liability for the full child care fees after having relied on information given to her by the child care provider, however there is no statutory mechanism permitting the backdating of her claim as she contends for.

10. The Tribunal is satisfied and so finds that the date of Mrs Jonaway’s claim for CCS was 16 July 2024.

11. The Tribunal therefore finds that the decision to grant CCS to Mrs Jonaway on 16 July 2024 with effect from 24 June 2024, is legally correct and the decision is therefore affirmed.

DECISION

The Tribunal affirms the decision under review.

Date(s) of hearing:	Wednesday, 21 May 2025
Representative for the Applicant:	Self-represented