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

The Administrative Appeals Tribunal considered a dispute between Mr Parker and the Secretary of the Department of Social Services concerning arrears of rental assistance. Mr Parker had claimed the age pension, which was approved from 30 January 2014. Despite providing documentation indicating he was a renter, the Department erroneously coded him as a homeowner, resulting in the non-payment of rental assistance. The Department later discovered this administrative error, but initially denied Mr Parker's claim for arrears based on the "13-week rule" outlined in section 109 of the *Social Security (Administration) Act 1999* (Cth).

The primary legal issue before the Tribunal was whether Mr Parker was entitled to receive arrears of rental assistance for the period from 7 March 2014 to 23 April 2019, despite the Department's reliance on the 13-week rule. This rule generally limits the period for which arrears can be paid if a review is not sought within 13 weeks of receiving notification of a decision. The Tribunal had to determine if the circumstances of Mr Parker's case, particularly the lack of clear notification regarding the non-payment of rental assistance and the administrative error, justified an exception to this rule.

The Tribunal reasoned that while the Department had sent annual notices regarding changes to Mr Parker's age pension, these notices did not explicitly inform him that rental assistance was not being paid due to an error, nor did they clearly state his entitlement to it. The Tribunal acknowledged that Mr Parker was at all times entitled to rental assistance and that its non-payment was due to an administrative error. Applying section 109(3) of the *Social Security (Administration) Act 1999*, which states that a favourable determination takes effect from the original decision date if the person was not given notice of the original decision, the Tribunal found that the notification of the non-payment was insufficient.

Consequently, the Tribunal varied the decision under review, ordering that arrears of rental assistance be payable to Mr Parker for two specific periods: 30 January 2014 to 19 March 2014, and 20 March 2019 to 23 April 2019. The decision under review was otherwise affirmed.