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

This matter concerned an application for review of a decision by an Authorised Review Officer (ARO) that the Applicant was not entitled to receive Family Tax Benefit (FTB) rent assistance arrears from a date earlier than 1 July 2019. The Applicant had previously been paid FTB, including rent assistance, until 5 April 2016, when his rent assistance was cancelled due to his failure to provide requested information regarding his eligibility. The Applicant subsequently sought to have this cancellation decision reviewed, claiming he was unaware of the cancellation and had been advised by a Centrelink officer that back-payment might be possible.

The legal issues before the Tribunal were whether the Applicant had been properly notified of the decision to cancel his rent assistance, and if not, whether there were special circumstances that prevented him from seeking a review within the usual 52-week timeframe. The Tribunal was also required to determine the correct date from which any arrears of rent assistance could be paid, applying section 109E of the *Administration Act*.

The Tribunal found that, despite the Applicant's assertion that he did not receive the cancellation notice, it was deemed to have been given to him in accordance with subsection 224(3) of the *Administration Act* as it was sent by post to his last known address. Furthermore, the Tribunal found no evidence to corroborate the Applicant's claims of in-person contact with Centrelink in 2016 or 2017 regarding his rent assistance. Consequently, the Tribunal determined that the Applicant's request for review, made on 4 January 2021, was lodged more than 52 weeks after he was notified of the original decision. Applying subsection 109E(2AA) of the *Administration Act*, the Tribunal concluded that the Applicant could not be paid rent assistance arrears from a date earlier than 1 July 2019, which was the cut-off day for the income year preceding the income year in which his review application was made.