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

[2019] AATA 5398

Krapf and Secretary, Department of Social Services (Social services second review) [2019] AATA 5398 (10 December 2019)

Division:GENERAL DIVISION

File Number:          2019/1669

Re:Werner Krapf

APPLICANT

AndSecretary, Department of Social Services

RESPONDENT

DECISION

Tribunal:Dr L Bygrave, Member

Date:10 December 2019

Place:Sydney

The decision under review is set aside and, in substitution, the Tribunal decides that Mr Werner Krapf is entitled to be paid age pension from 10 May 2018 in accordance with schedule 2, clause 3(1) of the Social Security (Administration) Act 1999 (Cth).

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Dr L Bygrave, Member

CATCHWORDS

SOCIAL SECURITY – start date – age pension – where Applicant lodged a claim for age pension – where claim was subsequently withdrawn – further claim for age pension granted from date of second claim – whether Applicant could be paid age pension from the date of the first claim – where Tribunal satisfied Applicant did not withdraw the claim – where Applicant eligible for age pension from date of initial claim – decision set aside and substituted

LEGISLATION

Social Security (Administration) Act 1999 (Cth) ss 11, 13, 16, 33, 34

REASONS FOR DECISION

Dr L Bygrave, Member

10 December 2019

1. The applicant, Mr Werner Krapf, lodged a claim for age pension on 10 May 2018. Records held by the Department of Human Services (Centrelink) show this claim was withdrawn on 15 August 2018.

2. Mr Krapf made a further claim for age pension on 27 August 2018 and, on 9 November 2018, Centrelink decided to grant him age pension from 27 August 2018. This decision was affirmed by an authorised review officer of Centrelink on 30 November 2018.

3. Mr Krapf subsequently applied for review of this decision to the Social Services and Child Support Division (SSCSD) of the Tribunal and, on 7 March 2019, the SSCSD affirmed the decision.

4. On 27 March 2019, Mr Krapf lodged an application for review to the General Division of the Tribunal.

5. Mr Krapf’s application was heard in Sydney on 27 November 2019. Mr Krapf did not have legal representation; he attended the hearing and gave oral evidence in person.

   ISSUE

6. The issue for determination by the Tribunal is whether Mr Krapf can be paid age pension from a date earlier than 27 August 2018.

   RELEVANT LEGISLATION

7. The statutory provisions relevant to Mr Krapf’s application are set out in the Social Security (Administration) Act 1999 (Cth) (the Administration Act). Sections 11 and 16 of the Administration Act provide that a person who wants to be granted a social security payment must make a claim either in writing or in an approved manner.

8. As a general rule, if a person claims a payment and is qualified on the day they make their claim, that date is the start date: see schedule 2, clause 3(1) of the Administration Act.

9. The right to withdraw a claim is set out in section 33 of the Administration Act, which provides that a ‘claimant’ for a social security payment may withdraw a claim that has not been determined, and a claim that is withdrawn is taken not to have been made. Section 34 of the Administration Act provides that a claim may be withdrawn orally or in writing or in any other manner approved by the Secretary.

   EVIDENCE

10. Mr Krapf and his wife lodged online claims for age pension on 10 May 2018. Mr Krapf told the Tribunal that he attended a Centrelink office and a staff member completed the claim forms based on the information he provided. Subsequent to lodging the claims for age pension, Mr Krapf had contact with Centrelink regarding the progress of his claim and further documentation he was required to provide to support the claims.

11. On 15 August 2018, Centrelink records show that Mr Krapf’s claim for age pension was withdrawn. Notably however, the claim for age pension made by Mr Krapf’s wife was not withdrawn. Centrelink documents record the following information in relation to the withdrawal of Mr Krapf’s claim on 15 August 2018:

    ·An undated screen shot – ‘General Information’ recorded the status of Mr Krapf’s claim submitted on 10 May 2018 as ‘Withdrawal Confi…’. This screen shot did not list the employee responsible and recorded the source as ‘interview’.[1]

    [1] Exhibit T-T6, page 26.

    ·A Centrelink online record stated:

    Customer contacted Centrelink on 15 AUG 2018 regarding Claim for Age Pension. Information was obtained via Online Claim using Internal Channels. Document created by SAPAPP on 15 August 2018.

    Claim ID… is now withdrawn and deemed not to have been made…[2]

    ·An explanation of the Centrelink online record provided by Digital Services and Support, Customer Strategy and Digital Business Branch (Digital Services and Support Centrelink) on 18 June 2019 stated:

    [Mr Krapf’s] claim was withdrawn on 15/08 at 14:28.

    Unfortunately as this was withdrawn prior to the introduction of the partner function to identify who withdrew a claim, we can’t tell who actually withdrew it based on data on the claim.

    We know that a staff member…was locked in this record until 14:20 on 15/08…

    The claim was withdrawn at 14:28 on 15/08/2015 however due to a system bug which was fixed in September… we only have SAPAPP recorded as a USER which does not tell us who withdrew the claim i.e. customer or the staff member.[3]

    [2] Exhibit T-T25, page 86.

    [3] Exhibit R2.

12. At the Tribunal hearing, Mr Krapf denied that he withdrew his claim for age pension on 15 August 2018. He said that all his contact with Centrelink in relation to his claim for age pension was either in person or by telephone and he never requested to withdraw his claim verbally or in writing.

13. Mr Krapf further explained that he did not have the computer skills required to either lodge or withdraw his claim for age pension online and therefore, he simply did not have the capacity to withdrawn his claim online. He said that he was only able to use the computer to access MyGov to read correspondence following the receipt of SMS or email alerts from Centrelink.

14. Mr Krapf said that he only became aware that his claim for age pension had been withdrawn after he received a message from Centrelink on 26 or 27 August 2018, which notified him that his claim had been withdrawn on 15 August 2018. Mr Krapf said that he subsequently contacted Centrelink on 27 August 2018 by telephone and was advised to lodge a new claim for age pension; it is the date of this claim for age pension that he has been paid from.

15. Mr Krapf, both in his letter to the Tribunal dated 23 March 2019 and in his oral evidence, contended that he had ‘no reason’ to withdraw his application for age pension on 15 August 2018.[4] He further noted that his wife was granted age pension from 10 May 2018 and he could not understand why he should be disadvantaged by a ‘computer glitch’.[5]

    [4] Exhibit T-T1, page 1.

    [5] Exhibit T-T1, page 1.

    CONSIDERATION

16. The Secretary submitted to the Tribunal that Mr Krapf must have withdrawn his claim for age pension because it was recorded in the Centrelink documents. I accept the evidence of Digital Services and Support Centrelink that Mr Krapf’s claim for age pension was withdrawn on 15 August 2018 at 14:28 by a user identified as SAPAPP. I also accept that Digital Services and Support Centrelink were not able to identify who withdrew the claim, in particular, whether it was ‘the customer’ or ‘the staff member’.

17. Weighing all the evidence, I am satisfied that Mr Krapf did not withdraw his claim for age pension on 15 August 2018. This is based on the credible evidence provided by Mr Krapf that he did not have the computer skills required to either access or withdraw his claim online. I also accept Mr Krapf’s evidence that he had no reason to verbally request Centrelink to withdraw his claim, particularly in view of the continuing progress of his and his wife’s claims for age pension.

18. As I find that Mr Krapf did not withdrawn his claim for age pension, I am satisfied that section 33 of the Administration Act was not enlivened and therefore Mr Krapf is entitled to be paid age pension from the date of his original claim made on 10 May 2018.

    DECISION

19. The decision under review is set aside and, in substitution, the Tribunal decides that Mr Krapf is entitled to be paid age pension from 10 May 2018 in accordance with schedule 2, clause 3(1) of the Administration Act.

I certify that the preceding 19 (nineteen) paragraphs are a true copy of the reasons for the decision herein of Dr L Bygrave, Member

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Associate

Dated: 10 December 2019

Date(s) of hearing:	27 November 2019
Applicant:	In person
Solicitors for the Respondent:	Dr S Thompson, Department of Human Services