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

This matter concerned an appeal by Mr Khuu against a decision of the Department of Social Services. Mr Khuu sought a further back-payment of carer payment, arguing that his eligibility for the payment should have commenced earlier than initially assessed. The dispute arose from an incorrect assessment of Mr Khuu's assets by Centrelink, which resulted in him receiving a lower carer payment than he was entitled to for a period. The Administrative Appeals Tribunal was required to determine whether Mr Khuu was entitled to an extended back-payment under section 109 of the *Administration Act*.

The Tribunal was asked to consider whether Mr Khuu was entitled to a further back-payment of carer payment from 24 August 2015, the date he became eligible for the payment, rather than the date to which arrears had already been paid. The core of the issue was the correct calculation of Mr Khuu's assets for the purpose of determining his eligibility for social security benefits, specifically the carer payment. This involved assessing whether certain loans from liquidated corporate entities to Mr Khuu should have been considered worthless assets at the time of the assessment.

The Tribunal affirmed the decision under review, finding that Mr Khuu was not entitled to a further back-payment under section 109 of the *Administration Act*. While acknowledging that Mr Khuu's assets were initially assessed incorrectly, leading to an underpayment, the Tribunal concluded that the existing arrears paid to Mr Khuu were sufficient. However, the Tribunal recommended that an ex gratia payment be made to Mr Khuu, suggesting that while legal entitlement under section 109 was not established, there were equitable grounds for additional compensation.