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

This matter concerned an appeal by Mr Karaka to the Administrative Appeals Tribunal (AAT) regarding his entitlement to backdated rent assistance payments. Mr Karaka contended that he was entitled to an increase in his rent assistance, which was paid as part of his Disability Support Pension (DSP), and sought payment from an earlier date than that determined by the Secretary, Department of Social Services.

The primary legal issue before the Tribunal was to determine the correct date of effect for the increase in Mr Karaka's rent assistance. Specifically, the Tribunal had to consider whether the favourable determination resulting from Mr Karaka's review request should be backdated to the date he notified Centrelink of his increased rental payments (10 March 2016) or to an earlier date. This involved interpreting section 109 of the *Social Security Act 1991* (Cth), particularly subsection 109(7), which deals with the deemed notification of decisions to increase social security payments due to indexation.

The Tribunal reasoned that while two decisions had been made to increase DSP benefits, including rent assistance, due to Consumer Price Index (CPI) adjustments on 20 March 2015 and 20 September 2015, Mr Karaka had not been issued with notices regarding these increases. However, applying subsection 109(7) of the Act, the Tribunal found that Mr Karaka was deemed to have been given notice of these determinations on the respective dates of indexation. Despite this deemed notice, the Tribunal concluded that, absent any discretionary powers to backdate further, the date of effect for the increase in Mr Karaka's rental assistance could not be earlier than 10 March 2016, the date he notified Centrelink.

Consequently, the Tribunal affirmed the decision under review, meaning Mr Karaka's rent assistance increase was effective from 10 March 2016 and not an earlier date.