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

This matter concerned an appeal by Mr Krapf against a decision by the Secretary of the Department of Social Services regarding the start date for his age pension. Mr Krapf and his wife lodged online claims for the age pension on 10 May 2018. While his wife's claim proceeded, Centrelink records indicated that Mr Krapf's claim was withdrawn on 15 August 2018. Mr Krapf denied withdrawing his claim, asserting he lacked the necessary computer skills to do so online and had no reason to request a withdrawal. The Administrative Appeals Tribunal was required to determine whether Mr Krapf had indeed withdrawn his claim for the age pension.

The Tribunal considered the provisions of section 33 of the *Administration Act*, which permits a claimant to withdraw an undetermined claim, rendering it as if it were never made, and section 34, which allows for withdrawal in various manners. The evidence presented included Centrelink records indicating a withdrawal by a user identified as SAPAPP, with an explanation from Digital Services and Support stating that the system could not identify whether the withdrawal was made by a staff member or the customer due to a system bug. Mr Krapf provided credible evidence that he did not possess the computer literacy to withdraw his claim online and had no motivation to do so, especially given his wife's successful claim and the ongoing progress of his own.

Weighing the available evidence, the Tribunal was satisfied that Mr Krapf did not withdraw his claim for the age pension. The Tribunal accepted Mr Krapf's testimony regarding his limited computer skills and his lack of reason to request a withdrawal. Consequently, the Tribunal found that section 33 of the *Administration Act* was not enlivened. The Tribunal set aside the decision under review and substituted a new decision, finding Mr Krapf entitled to be paid the age pension from the date of his original claim on 10 May 2018.