Richards and Secretary, Department of Social Services
[2014] AATA 209
•10 April 2014
[2014] AATA 209
Division GENERAL ADMINISTRATIVE DIVISION File Number
2013/0547
Re
Damian Richards
APPLICANT
And
Secretary, Department of Social Services
RESPONDENT
DECISION
Tribunal Miss E A Shanahan, Member
Date 10 April 2014 Place Melbourne The Tribunal affirms the decision under review.
...........[sgd].............................................................
Miss E A Shanahan, Member
SOCIAL SECURITY – carer allowance – worker’s compensation periodic payments – payment of weekly earnings for six weeks for period in 2011 – impact, if any, of working credits – applicant’s reliance on Centrelink advice – applicant has multiple Centrelink registration numbers (CRNs) – data from one CRN provided – remitted for reconsideration – decision under review affirmed
Legislation
Social Security Act 1991 sections 17(1)(c), s17(1)(f), s 1160, s 1161
REASONS FOR DECISION
Miss E A Shanahan, Member
10 April 2014
This matter was heard on 12 June 2013 and, by its decision dated 29 August 2013 ([2013] AATA 609), the Tribunal remitted the matter for reconsideration by the Secretary, Department of Social Services (the Secretary). In particular, the Tribunal directed Centrelink to investigate what advice, if any, Centrelink case officers had provided to Mr Richards regarding the use of working credits to decrease the debt he owed to the Commonwealth as a result of receiving workers’ compensation periodic payments while receiving carers’ payments. In addition, the respondent was required to ascertain whether all of Mr Richards’ Centrelink customer registration numbers had been checked, it having been identified that he had more than one such number.
By letter dated 27 November 2013, Mr Richards and the Tribunal were advised that these investigations had been completed and all his Centrelink records had been examined. No clear evidence had emerged that working credits had been discussed with Mr Richards in his telephone conversations with Centrelink, or that he had made enquiries regarding these. Centrelink did not check all its conversations with Mr Richards; only those nominated by Mr Richards as occurring on as at 1 August 2007 and 2 December 2008 were examined.
Centrelink also confirmed that compensation-like payments are never assessed as employment income as defined in s 1A and s 1A(d) of the Social Security Act 1988 (the Act) such that any working credit balance Mr Richards might have could not be used to offset compensation income. Working credit balances can only be depleted by employment income in accordance with s 1073D of the Act.
There was some delay in Mr Richards receiving the letter but eventually Centrelink sent a second copy to him, which he received in January 2014.
Mr Richards has decided to continue to pursue compensation under the Compensation for Defective Administrative Actions Scheme. He agrees that on the evidence now before the Tribunal, the decision should be affirmed.
The Tribunal affirms the decision of the Social Security Appeals Tribunal dated 4 January 2014.
I certify that the preceding 6 (six) paragraphs are a true copy of the reasons for the decision herein of Miss E A Shanahan .............[sgd]...........................................................
Associate
Dated 10 April 2014
Dates of hearing 12 June 2013, 28 February 2014 Date final submissions received 18 December 2013 Applicant In person Advocate for the Respondent Mr Tim Noonan - Program Litigation and Review Branch, Department of Human Services
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