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

This matter concerned an application by the Secretary, Department of Social Services, for review of a decision made by the Administrative Appeals Tribunal (AAT). The AAT had set aside an earlier decision and determined that Mr Ryan should be allowed to lodge his claim for a pension bonus until 19 July 2018, pursuant to section 23(1)(b) of the *Administration Act*. The dispute arose from Mr Ryan's claim for a pension bonus, which was initially rejected as being lodged outside the prescribed timeframe.

The primary legal issue before the Tribunal was whether the Secretary's discretion to extend the time for lodging a pension bonus claim should have been exercised in Mr Ryan's favour. This required the Tribunal to consider the circumstances surrounding Mr Ryan's delayed claim, including his understanding of the eligibility requirements and the advice he received when he first ceased gainful employment in 2010. The Tribunal also had to assess whether the AAT had erred in its interpretation and application of section 23(1)(b) of the *Administration Act* in allowing the late claim.

The Tribunal reasoned that the discretion under section 23(1)(b) of the *Administration Act* was broad and should be exercised having regard to all relevant circumstances. It noted that Mr Ryan had registered for the pension bonus scheme in good faith and had met the gainful work test until his retirement in 2010. The Tribunal accepted Mr Ryan's evidence that he had been informed by Centrelink in 2010 that he was not eligible for an age pension due to his wife's income, and that he was advised to proceed with an application to formalise the process, which was subsequently rejected. Crucially, Mr Ryan was not informed at that time that he would be ineligible to claim the pension bonus if his initial age pension claim was rejected. The Tribunal found that Mr Ryan had a reasonable belief that he had complied with the requirements and would be able to claim the bonus when his circumstances changed, which occurred when his wife retired.

The Tribunal concluded that the AAT had correctly exercised its discretion and applied the relevant legal principles. The Secretary's application for review was therefore dismissed.