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

This matter concerned an appeal by Ms Knight against a decision by the Secretary of the Department of Social Services regarding her eligibility for Rent Assistance. The Administrative Appeals Tribunal was tasked with determining whether Ms Knight was entitled to Rent Assistance from a date earlier than her review request.

The primary legal issues before the Tribunal were whether Ms Knight had provided sufficient verification of her rental payments to Centrelink after May 2016, and if so, from what date Rent Assistance could be payable. The Tribunal also considered whether a verbal statement of ineligibility from a Centrelink officer constituted a reviewable decision under the relevant legislation.

The Tribunal found that there was insufficient evidence to establish that Ms Knight had provided adequate verification of her rent to Centrelink between May 2016 and November 2017. The earliest documented verification was a rent certificate provided on 9 November 2017. Furthermore, even if Rent Assistance had been granted earlier, the Tribunal applied sections 109 and 236 of the *Social Security (Administration) Act 1999* (Cth). These provisions stipulate that an increase in a social security payment is a favourable determination and that arrears are generally payable from the date of a review request, or the date of a written decision if that is earlier. Given that Ms Knight received notices regarding her payment rate on 20 July 2016 and her review request was not lodged until November 2017, more than 13 weeks after that notice, the earliest date from which Rent Assistance could be paid was 30 November 2017. The Tribunal also noted that a verbal statement of ineligibility does not constitute a written decision for the purposes of the Act.

The Tribunal affirmed the decision under review, concluding that no Rent Assistance arrears were payable prior to 30 November 2017.