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

This matter concerned an appeal by the applicant, Mr Lipchick, against a decision of the Secretary of the Department of Social Services. The dispute centred on whether the applicant had successfully lodged a claim for an Age Pension on 22 December 2014. The applicant contended that he had attempted to register for the Age Pension via the Department's online portal on that date, but found the process overwhelming due to the extensive information and documentation required, and therefore did not complete the application. He did, however, receive a confirmation letter from the Department acknowledging his registration for self-service.

The primary legal issue before the Tribunal was to determine whether the applicant's actions on 22 December 2014 constituted the lodging of an "incorrect or inappropriate claim" for an Age Pension, as contemplated by section 15 of the *Administration Act*. This section allows for a deemed claim in certain circumstances where an incorrect or inappropriate claim is made. The applicant also referred to this section, asserting it did not apply because he believed he had made a correct claim.

The Tribunal reasoned that section 15 of the *Administration Act* was predicated on an applicant making an incorrect claim for a Social Security benefit. However, the Tribunal made a finding that, in fact, no claim was lodged or otherwise made by the applicant with the Respondent on 22 December 2014. Consequently, the Tribunal concluded that section 15 could not apply to the applicant's situation, as it required an actual, albeit incorrect, claim to have been made. The Tribunal affirmed the decision under review.