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

The Administrative Appeals Tribunal (AAT) considered the case of Mr Kalnins and the Secretary, Department of Social Services, concerning Mr Kalnins' eligibility for the Age Pension and the commencement date of payments. Mr Kalnins sought to have his Age Pension paid from an earlier date than 16 August 2018, which was the date the Department granted him the pension.

The primary legal issues before the Tribunal were whether Mr Kalnins had made a valid claim for the Age Pension in April 2018, and if so, whether he was qualified for the payment at that time. The Tribunal also had to consider the provisions of the *Social Security Act 1991* and the *Social Security (Administration) Act 1999* regarding the making of claims and the determination of the "start day" for pension payments, including circumstances where a claim might be deemed to have been made earlier.

The Tribunal reasoned that to be granted a social security payment, a person must make a claim in accordance with an approved form, which includes being in writing, completed, signed, and lodged in an approved manner. The evidence indicated that while Mr Kalnins had uploaded some documents online in April 2018, his claim was not completed or submitted and subsequently expired. He did not lodge a completed paper claim until 16 August 2018, at which point he had reached the required pension age. The Tribunal found that Mr Kalnins had not made a claim in April 2018, nor was he qualified for the payment at that time. Therefore, his Age Pension was correctly determined to be payable from 16 August 2018. The Tribunal affirmed the previous AAT decision.