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

This matter concerned an appeal by the Applicant, Shawyer, against a decision of the Secretary of the Department of Social Services regarding the payment of an Age Pension. The dispute centred on whether the Applicant was entitled to a backdated increase in their Age Pension. The decision was made by Senior Member D Cremean of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Applicant could be paid arrears for their Age Pension prior to 20 March 2019. This required the Tribunal to consider the application of section 109(1) of the *Social Security (Administration) Act 1999* (Cth) and any relevant discretions in determining the entitlement to backdated payments.

Senior Member Cremean found that while there may have been a failure in Centrelink's record-keeping procedures, and that notification of the cancellation of one annuity might have warranted further inquiry into the Applicant's file, there was no statutory or other discretion available to allow for the payment of arrears prior to 20 March 2019. The Tribunal concluded that section 109(1) of the *Administration Act* applied, and that the Applicant could not be paid arrears for Age Pension prior to 20 March 2019. Consequently, the Applicant's appeal was dismissed, and the decision under review was affirmed.