Patek and Secretary, Department of Family and Community Services

[2000] AATA 1165

DECISION AND REASONS FOR DECISION [2000] AATA 1165

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No A2000/237

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

DECISION

Tribunal       Mr C P Webster (Senior Member)           

Date1 December 2000

PlaceCanberra

Decision      The decision under review is affirmed.             
  [Sgd C P Webster]
   Senior Member
CATCHWORDS
 Social Security – disability support pension -  arrears back to date of claim.
Social Security Act 1991 – s.99

REASONS FOR DECISION

15 January 2001     Mr C P Webster (Senior Member)   

1. This is a statement of reasons for decision pursuant to s.43(2A) of the Administrative Appeals Tribunal Act 1975 in respect of a decision made on 1 December 2000.

2. The applicant, Mr Michael Patek, seeks a review of a decision of Centrelink affirmed by an authorised review officer on 1 March 2000 which was affirmed by a decision of the Social Security Appeals Tribunal (SSAT) on 16 May 2000 not to pay to him a disability support pension prior to 24 November 1999 being the day that the applicant first contacted Centrelink concerning income support.

3. The applicant gave oral evidence at the hearing.   The applicant's evidence was rambling, incoherent and argumentative and much of his evidence concerned an alleged conspiracy by government and the various State and Federal police forces involving, amongst other things, attempts to kill him.

4. The Tribunal had difficulty following his evidence and has no confidence in his version of events.

5. In any event many of the matters raised by the applicant appeared irrelevant to the issue to be determined by this Tribunal.

6. It appeared to be common ground that on 24 November 1999, the applicant contacted Centrelink to inquire about income support.   Two Centrelink officers attended his hearing on 10 December 1999 and assisted him to complete a claim form for a disability support pension (DSP) which was lodged.

7. On 24 December 1999 he was granted a DSP which was backdated to 24 November 1999 being the day that the applicant first contacted Centrelink.    The applicant seeks a backdating of the DSP to an earlier date in 1989.

8. Section 99 of the Social Security Act 1991 ("the Act") provides that a person cannot be paid a qualified pension before the provisional commencement day.    That section provides that DSP cannot be paid for a period before the date of the initial claim.

9. In this application the issue to be determined is whether the applicant had made a claim earlier than 24 November 1999.

10. The Tribunal does not accept that the applicant ever made a claim for DSP, or any other pension prior to 24 November 2000 which can be regarded as an "initial claim" for the purposes of s.99 of the Act so that the DSP can be back paid to that claim.

11. The decision under review is affirmed.

I certify that the 11 preceding paragraphs are a true copy of the reasons for the decision herein of Mr C P Webster (Senior Member)

Signed:         .....................................................................................
  Personal Assistant

Date/s of Hearing  1 December 2000
Date of Decision  1 December 2000

Solicitor for the Applicant         Self-represented
Solicitor for the Respondent    Ms E Hampton (Centrelink)