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

The matter before Deputy President McDermott concerned an application for review of a decision by the Secretary, Department of Social Services, to reject the applicant's claim for a Seniors Health Card. The applicant had lodged his claim on 25 January 2021, prior to reaching the relevant pension age.

The primary legal issue was whether the applicant had made a valid claim for a Seniors Health Card, particularly in light of his ineligibility at the time of lodgement and the absence of provisions for "early claims" for this specific card. The court also considered the applicability of the "deemed claims" provision under section 14 of the *Social Security (Administration) Act 1999* (Cth) and the applicant's contention that the legislation did not bind him to apply for the card.

The Deputy President reasoned that the *Social Security Act* and the *Social Security (Administration) Act 1999* (Cth) do not permit early claims for a Seniors Health Card. Furthermore, section 14 of the Administration Act, which allows for deemed claims, was not applicable because the applicant was not qualified for the card on the dates he contacted Centrelink. The court found that to be eligible for the benefits of a Seniors Health Card, a claimant must make a written claim in accordance with section 16 of the Administration Act at a time when they meet the eligibility criteria.

The court concluded that Centrelink's decision to reject the applicant's claim, lodged before he reached pension age, was correct. The Tribunal could not grant the applicant the card as he had not made a proper claim when eligible. Even if the claim were deemed valid, the applicant would still need to satisfy the eligibility criteria and provide necessary financial information, and would not be entitled to benefits accrued prior to the card's issuance.