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

This matter concerned an appeal by the Applicant against a decision of the Social Services and Child Support Division of the Administrative Appeals Tribunal (AAT1), which affirmed a decision by the Secretary, Department of Social Services. The Applicant sought Parenting Payment Single (PPS) and contended that her claim should be backdated to her separation from her husband in January 2018, or at the latest, from a conversation with a Centrelink officer in September 2019. Centrelink had determined her entitlement from 19 January 2022, applying a standard seven-day waiting period.

The primary legal issues before the Tribunal were whether the Applicant's claim for PPS could be deemed to have been made on an earlier date than her formal lodgement on 12 January 2022, and whether the standard seven-day waiting period should be waived due to a personal financial crisis. The Applicant argued that her ex-husband's threats and her fear of him prevented her from claiming earlier, and that she experienced severe financial hardship following their separation.

The Tribunal considered the provisions of the *Social Security (Administration) Act 1999* (Cth) regarding the deemed date of a claim and the circumstances under which a claim can be taken to have been made on an earlier contact day. It found that the Applicant's contact in September 2019 did not involve a discussion of PPS and that the subsequent lodgement of her claim fell outside the statutory extension periods. The Tribunal also examined the criteria for a 'personal financial crisis' under the *Social Security Act 1991* (Cth), which requires both severe financial hardship and specific circumstances related to domestic violence or unavoidable expenditure. While acknowledging the Applicant's difficult circumstances, including domestic violence and financial distress, the Tribunal concluded that the statutory requirements for backdating the claim or waiving the waiting period were not met based on the evidence and the relevant legislative provisions.

Despite finding that the Applicant did not meet the strict legal criteria for an earlier start date or waiver of the waiting period under the relevant legislation, the Tribunal set aside the AAT1 decision. It substituted a new decision, finding the Applicant entitled to receive Parenting Payment Single from 18 January 2022, effectively adjusting the start date by one day from the original determination.