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

This matter concerned an application for an aged pension by the Applicant, Ms. Pettinau, against the Secretary of the Department of Social Services. The dispute centred on the date from which Ms. Pettinau was entitled to receive the aged pension, specifically whether her claim had been lodged in a manner approved by the Secretary. The decision was made by S Barton M of the Administrative Appeals Tribunal.

The Administrative Appeals Tribunal was required to determine whether Ms. Pettinau had made a written application for the aged pension on an approved form, lodged in an approved manner, on or around 1 March 2017. This involved assessing the Applicant's account of her attempts to lodge the claim and whether these actions constituted compliance with the requirements of the relevant social security legislation.

The Tribunal found that while Ms. Pettinau provided a plausible account of misunderstandings and a failure to adequately comprehend the Centrelink processes, there were no provisions within the Act that provided a remedy for her specific circumstances. The Act and associated guidance clearly stipulated that a written application on an approved form, lodged in an approved manner, was mandatory. The Tribunal noted that Ms. Pettinau conceded she had not met these requirements on the dates she claimed to have lodged her application. Consequently, the Tribunal affirmed the decision under review, acknowledging that this outcome would be disappointing for the Applicant and suggesting she explore options under the Commonwealth’s Scheme for Compensation for Detriment caused by Defective Administration.