McDonald-Wooding; Secretary, Department of Social Services and (Social services second review)

This matter concerned an appeal by Ms McDonald-Wooding against a decision of an Authorised Review Officer (ARO) of the Department of Social Services. The ARO had affirmed an earlier Centrelink decision to not grant Ms McDonald-Wooding Child Care Subsidy (CCS) for her son from a date earlier than 2 May 2022. The dispute centred on whether Ms McDonald-Wooding had lodged an effective claim for CCS for her son, born on 1 November 2021, at an earlier date than that granted.

The legal issue before the Tribunal was to determine the earliest date from which Ms McDonald-Wooding was entitled to receive CCS for her son. This involved considering the requirements for lodging a claim for CCS and whether Ms McDonald-Wooding had met these requirements prior to 2 May 2022, particularly in light of her interactions with Centrelink staff. The Tribunal was required to assess whether any advice or actions by Centrelink staff could alter the statutory date from which CCS could be paid.

The Tribunal found that CCS is paid from the date a person becomes eligible, which is the first Monday of a CCS fortnight within the 28 days prior to the claim being submitted. Ms McDonald-Wooding submitted her claim for her son on 19 May 2022, and it was granted from 2 May 2022, the first Monday within the preceding 28 days. Despite Ms McDonald-Wooding's assertions that she had attempted to enrol her son and had received advice from Centrelink staff on 12 April 2022 that she had done all that was necessary, the Tribunal concluded that she had not lodged an effective claim prior to 19 May 2022. The Tribunal noted that while there may have been administrative errors or inappropriate advice provided to Ms McDonald-Wooding, the law did not provide discretion to change the start date of the CCS payment beyond the statutory period.