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

The Administrative Appeals Tribunal considered an appeal by Macduff against a decision of the Secretary, Department of Social Services, concerning the date of effect for a favourable determination of an age pension. The applicant sought to have the favourable determination take effect from an earlier date than that determined by the Secretary, effectively seeking retrospective payment of the age pension. The core of the dispute revolved around the interpretation and application of section 109 of the *Social Security (Administration) Act 1999* (Cth).

The Tribunal was required to determine whether section 109 of the *Social Security (Administration) Act 1999* (Cth) precluded the applicant from obtaining the relief sought, specifically whether the favourable determination should be backdated to the date of the original decision or to the date of the application for review. The Tribunal examined the various subsections of section 109, which prescribe the effective date of a favourable determination based on whether the review was initiated by the applicant or the Secretary, and the timing of the review in relation to the notice of the original decision.

The Tribunal affirmed the decisions of the decision makers, finding that section 109 of the Act governed the effective date of the favourable determination. The Tribunal noted that the applicant's situation did not fall within the exceptions outlined in subsections 6 and 7 of section 109. The Tribunal's reasoning focused on the specific conditions set out in section 109, which dictate that a favourable determination takes effect either on the day the original decision took effect (if reviewed within 13 weeks of notice) or on the day the application for review was made (if reviewed more than 13 weeks after notice). The Tribunal concluded that the applicant's circumstances, as presented, meant that the favourable determination could not be altered to an earlier date than that prescribed by the Act.