Muir and Department of Family and Community Service

[2001] AATA 39

DECISION AND REASONS FOR DECISION [2001] AATA 39

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q00/811

GENERAL ADMINISTRATIVE  DIVISION       )       
           Re      ROSLYN MUIR      
  Applicant
           And    SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES        
  Respondent

DECISION

Tribunal       Deputy President DP Breen, Presidential Member      

Date24 January 2001

PlaceBrisbane

Decision      The Tribunal affirms the decision under review.           

(Sgd)          DP BREEN
  PRESIDENTIAL MEMBER
CATCHWORDS
SOCIAL SECURITY - rent assistance - back-pay - whether a discretion exists to award arrears outside the 13 week review period.

Social Security (Administration) Act 1999 ss 109(2)

REASONS FOR DECISION

24 January 2001     Deputy President DP Breen, Presidential Member                  

1. This was an appeal against a decision of the Social Security Appeals Tribunal dated 11 August 2000 which affirmed a decision of an Authorised Review Officer not to pay the applicant arrears in rent assistance for the period 4 January 2000 to 23 May 2000.

2. The matter was heard by me in Rockhampton on 8 December 2000.  Mrs Roslyn Muir, the applicant, represented herself.  Mr N Foster, Departmental Advocate, represented the respondent.  Mrs Muir gave oral evidence at the hearing and the "T" Documents were taken into evidence.

3. Mrs Muir was in receipt of a family tax benefit payment, a part of which was an amount for rent assistance.  In early December, Mrs Muir informed Centrelink that she would be moving shortly and she was told to give Centrelink the details when she did move.  On 14 December 1999 Mrs Muir's mother unexpectedly passed away.  Mrs Muir moved on 21 December 1999 and informed Centrelink of the change of address but did not confirm the rental amount for the new property. 

4. After her mother's death, Mrs Muir had to attend to a number of family issues including the care of her father who resided in Hervey Bay.  She was emotionally distressed at the time and had to move again in January due to problems with her lease.  Mrs Muir received a letter from Centrelink on 4 January 2000 informing her that she would no longer receive rent allowance until proof of rent was supplied.  Because of her emotionally distressed state, and all of the upheaval in her life, Mrs Muir understood from the letter that she would receive less money but was unaware of why or what she had to do to have the payment reinstated.

5. It was only in May 2000 that Mrs Muir understood that all she had to do was provide a rent certificate to Centrelink and her payments would re-commence.  On 31 May 2000, Mrs Muir sought to have her rent assistance back-dated to January which was effectively a request to review the decision of 4 January 2000 to cease payments.

6. Section 109(2) of the Social Security (Administration) Act 1999 provides that if the request for review of a decision is made more than 13 weeks after notice of the original decision is given, any payment can only be paid from the date of the application.

7. Mrs Muir requested the review of the decision to cancel her rent assistance outside of the 13 week period.  There is no discretion within the Section or the Act as a whole to alter this appeal time restriction.  While it is understandable that, given the family circumstances Mrs Muir was experiencing at the time, she overlooked to send in the rent confirmation, as a matter of law she cannot be paid rent assistance any earlier than 23 May 2000.

8. For the above reasons the Tribunal affirms the decision under review.

   I certify that the 8 preceding paragraphs are a true copy of the reasons for the decision herein of Deputy President DP Breen, Presidential Member

   Signed:         Denise Burton
     Secretary

   Date/s of Hearing  8.12.00
   Date of Decision  24.1.01
   Rep. for the Applicant              Applicant appeared in person
   Solicitor for the Respondent    Mr N Foster, Departmental Advocate