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

The Administrative Appeals Tribunal (AAT) considered a dispute between Ram (the applicant) and the Secretary, Department of Social Services (the respondent) concerning an application for Family Tax Benefit (FTB). The applicant sought to make a claim for FTB outside the prescribed claim period, arguing that "special circumstances" prevented her from lodging the claim within the eligible timeframe.

The primary legal issue before the Tribunal was to determine whether the applicant was prevented from making her FTB claim within the claim period due to special circumstances, and if so, whether this would allow for an out-of-time claim. The Tribunal also considered the implications of potentially defective administration by the respondent in relation to the applicant's misunderstanding of her eligibility.

The Tribunal found that while the applicant had misunderstood her eligibility for FTB, which led to her failure to lodge an application when she became eligible, this did not, in itself, create a right to receive the benefit retrospectively under the legislation. The Tribunal concluded that the applicant's failure to lodge an application meant the benefit could not be paid. However, the Tribunal also determined that the applicant's failure was likely a result of defective administration by the respondent, either through providing incorrect advice or failing to provide correct advice when it was within their knowledge. The Tribunal affirmed the decision under review, directing the respondent to advise the applicant of her rights under the Scheme for Compensation for Detriment Caused by Defective Administration (CDDA Scheme).