Polydorou and Department of Family and Community Services

[2000] AATA 451

DECISION AND REASONS FOR DECISION [2000] AATA 451

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No V1999/1014

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

DECISION

Tribunal       Mr B.G. Gibbs, AM, Senior Member       

Date8 June 2000

PlaceMelbourne

Decision      Pursuant to subsection 180(2) of the Social Security (Administration) Act 1999, the Tribunal sets aside the decision of the Social Security Appeals Tribunal dated 15 July 1999 and substitutes therefor the decision that the claim lodged by the applicant for Disability Support Pension on 25 November 1998 was incorrectly rejected and is now open to be reassessed.      
  (Sgd.)    B.G. GIBBS
  Senior Member
CATCHWORDS
Social Security – Entitlement – disability support pension – whether claim incorrectly refused – requirement for particular information – decision set aside.
Words and Phrases
Social Security (Administration) Act 1999, ss. 192, 180(2)

REASONS FOR DECISION

8 June 2000  Mr B.G. Gibbs, AM, Senior Member                   

1. Mr Polydorou, the applicant in these proceedings, lodged a claim for Disability Support Pension ("DSP") in October 1998.

2. On 25 November 1998 Centrelink wrote to Mr Polydorou advising that he could not be paid DSP because the information and documentation previously requested had not been provided.

3. The decision was reviewed by an authorised review officer, who decided on 19 April 1999 to affirm the decision to reject Mr Polydorou's claim.

4. On 26 April 1999 Mr Polydorou lodged an appeal to the Social Security Appeals Tribunal ("SSAT").

5. On 15 July 1999 the SSAT decided to affirm the decision to reject Mr Polydorou's claim.

6. On 8 September 1999 Mr Polydorou lodged an application with this Tribunal for review of the decision of the SSAT.

7. On 29 May 2000 Centrelink (Advocacy and Administrative Law Section) wrote to this Tribunal, stating as follows:

   "I refer to the appeal lodged by Evangelous (sic) Polydorou to review a decision of the Social Security Appeals Tribunal.
   Under section 180(2) of the Social Security (Administration) Act I submit that the decision of the SSAT be set aside and a new decision substituted that:

   - the claim lodged by Evangelous (sic) Polydorou for Disability Support Pension on 25 November 1998 was incorrectly rejected and is now open to be reassessed.

   A notice under section 192 of the Social Security (Administration) Act requiring Mr Polydorou to supply particular information in relation to the claim has been sent to him today. The information is required by Centrelink by 20 June 2000. If the information is not supplied the claim will be rejected."

8. In the circumstances the Tribunal will set aside the decision under review and substitute therefor a decision in the terms as requested by Centrelink above.

   I certify that the 8 preceding paragraphs are a true copy of the reasons for the decision herein of:

   Mr B.G. Gibbs, AM, Senior Member

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

   Date/s of Hearing  Handed down on papers
   Date of Decision  8/6/2000