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

This matter concerned an appeal by Mr Rylance against a decision of the Administrative Appeals Tribunal (AAT) regarding his claim for sickness allowance. Mr Rylance had undergone surgery for left knee osteoarthrosis on 22 June 2015 and was certified unfit for work until 11 September 2015. He lodged his claim for sickness allowance with Centrelink on 31 July 2015, more than five weeks after his incapacity began. The dispute centred on whether the delay in lodging the claim was attributable to his medical condition, as required by the *Social Security (Administration) Act 1999* (Cth) for the allowance to be backdated.

The primary legal issue before the Tribunal was to determine whether Mr Rylance's failure to lodge his claim for sickness allowance within the five-week statutory period was caused, solely or principally, by his medical condition. This determination was crucial for establishing the commencement date of his sickness allowance payment, as the general rule under Schedule 2, clause 3(1) of the *Administration Act* is that the start day is the day the claim is made, unless clause 11(2) applies. Clause 11(2) allows for an earlier start day if the Secretary is satisfied that the medical condition was the sole or principal cause of the delay.

The Tribunal considered Mr Rylance's submission that his incapacity arising from the surgery was the principal cause of his delay. However, the Tribunal noted the limited medical evidence provided, with the exception of a certificate of incapacity dated 31 July 2015. The Department argued that Mr Rylance's ignorance of his eligibility for sickness allowance and his failure to utilise alternative lodging methods (online, telephone, or post) were the primary reasons for the delay. The first-tier Tribunal had previously found that Mr Rylance's lack of knowledge, rather than his incapacity, caused the delay. The Tribunal ultimately found that Mr Rylance had not provided sufficient evidence to substantiate his claim that his medical condition was the sole or principal cause of his failure to lodge the claim within the prescribed five-week period.