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

This matter concerned an appeal by Mr Roberts against a decision by the Secretary of the Department of Social Services regarding the commencement date for his Youth Allowance payments. The dispute centred on whether Mr Roberts' circumstances qualified him for a deemed commencement date earlier than the date he formally lodged his claim. The Administrative Appeals Tribunal (AAT) was required to determine the correct start date for Mr Roberts' Youth Allowance.

The primary legal issue before the Tribunal was to ascertain whether Mr Roberts was a member of a class of persons for whom special circumstances applied, thereby allowing his claim to be backdated. Specifically, the Tribunal had to consider whether Mr Roberts' medical condition and other personal circumstances prevented him from lodging his claim within the prescribed timeframe, and if so, whether those circumstances constituted "special circumstances beyond the person's control" as defined by the relevant legislation and determination. The Tribunal also had to assess the significance of various contact dates with Centrelink and the provision of medical certificates in determining the commencement date.

The Tribunal found that Mr Roberts was unable to lodge his claim earlier due to a combination of factors, including the need to obtain financial information from his separated parents, difficulties in providing this information online, and a subsequent shoulder surgery and rehabilitation period. The Tribunal noted that Mr Roberts had provided a medical certificate on 3 September 2018, and despite the Secretary's contention that this was not a contact day for claiming, the Tribunal determined that this date, or a date shortly thereafter, was the appropriate commencement date. The Tribunal was satisfied that Mr Roberts' medical condition and other circumstances were such that he was unable to make a claim or instruct others to do so on his behalf during the relevant period.

Consequently, the Tribunal set aside the decision under review and ordered that the start day for Mr Roberts' Youth Allowance be 3 September 2018.