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

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding the start date of a carer payment. The applicant, the Secretary of the Department of Social Services, sought to review a decision that had set aside an earlier decision of an Authorised Review Officer (ARO) and substituted it with a new decision. The core of the dispute revolved around whether the respondent had lodged a valid claim for carer payment on 15 August 2014, which would entitle her to arrears from that date.

The Tribunal was required to determine whether the events of 15 August 2014 constituted the lodgement of a claim for carer payment by the respondent. This involved assessing the evidence presented by the respondent and her witness, PL, concerning their interactions with Centrelink staff on that day, and whether those interactions met the legal requirements for lodging a claim. The Tribunal also had to consider the implications of its finding on the jurisdiction to backdate the carer payment.

The Tribunal found that while the respondent and PL attended Centrelink on 15 August 2014, their interactions did not amount to the lodgement of a claim for carer payment. Evidence suggested that on their first visit, they were informed the respondent was not eligible due to not being an Australian citizen. On a subsequent, brief visit that same day, the Centrelink officer primarily accessed PL's records and did not take details for a new claim from the respondent. The Tribunal concluded that no claim form was lodged and no details were taken from the respondent, therefore, the respondent did not lodge a claim on that date.

Consequently, the Tribunal held that it lacked the jurisdiction to backdate the carer payment to 15 August 2014. The decision of the AAT dated 4 October 2018 was set aside, and the decision of the ARO dated 27 June 2018 was reinstated.