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

This matter concerned an application for review of a decision by the Administrative Appeals Tribunal (AAT) to dismiss JXWV and VGHY's applications for an economic support payment (ESP). The AAT had made an oral decision to dismiss the applications as futile, and the written reasons for that decision were being provided. The core of the dispute revolved around JXWV and VGHY's eligibility for the first 2020 ESP, which required them to be in receipt of an eligible payment or hold a qualifying concession card between 12 March 2020 and 13 April 2020.

The legal issues before the Tribunal were whether JXWV and VGHY had any prospect of success in their application for review, and specifically, whether they met the eligibility criteria for the first ESP. This involved determining whether their Commonwealth Seniors Health Card (CSHC) could be backdated to an earlier date, and whether any defective administration by Services Australia warranted compensation. The Tribunal was required to consider the relevant legislative provisions regarding eligibility for the ESP and the conditions under which a CSHC claim could be backdated.

The Tribunal reasoned that JXWV and VGHY were not eligible for the first ESP because they did not meet the qualifying criteria during the relevant period. They were not in receipt of an eligible payment, nor had they applied for or been granted a CSHC by 13 April 2020. Their CSHC was only granted on 30 June 2020. Furthermore, the Tribunal found that the CSHC claim could not be backdated to 16 March 2020, the date of their son's initial contact with Centrelink, as the claim was lodged more than 13 weeks after that contact, a period prescribed by the Administration Act. The Tribunal concluded that there was no provision within the relevant legislation to disregard these qualification requirements or time limits, and therefore, the application had no reasonable prospects of success.

Consequently, the Tribunal, pursuant to section 42B(1)(b) of the Administrative Appeals Tribunal Act 1975, dismissed the application for review. The Tribunal did, however, request that the Respondent provide certain documents to JXWV and VGHY's son to assist him in pursuing other avenues of redress.