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

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding the cancellation of the applicant's age pension. The dispute arose after the Department of Social Services (the Respondent) issued a notice under section 63 of the *Social Security (Administration) Act 1999* requesting financial information. This notice, sent to the applicant's residential aged care facility, was returned to the Department. Subsequently, the applicant's daughter was appointed as a correspondence nominee, and a copy of the notice was sent to her. Despite no response being received, the applicant's age pension was suspended and later cancelled.

The primary legal issue before the Tribunal was whether to affirm or set aside the decision to cancel the applicant's age pension. This involved considering the adequacy of the Department's notification process, the effectiveness of the appointment of a correspondence nominee, and the timeliness of the applicant's subsequent request for an internal review. The Tribunal also had to determine the utility of setting aside the cancellation decision, given that the applicant had since been granted a new age pension.

The Tribunal reasoned that the applicant's request for an internal review of the cancellation decision was lodged significantly out of time. While the applicant had been granted a new age pension which was reinstated at the same rate, the Tribunal found that any decision to set aside the original cancellation would have no practical effect. Considering the objectives of the AAT Act, the Tribunal concluded that it would not further consider the matter and, with reluctance, set aside the previous AAT decision.

The Tribunal set aside the decision of the Administrative Appeals Tribunal (Social Services & Child Support Division) dated 12 May 2023 and affirmed the Respondent's decision dated 16 June 2020 to cancel the applicant's Age Pension from 31 March 2020.