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

This matter concerned an application for an extension of time by the applicant, Mr Steer, in relation to a decision by the Department of Social Services concerning his disability support pension. The applicant sought to challenge a decision that he contended incorrectly determined the commencement date of his pension. The case was heard by Chris Puplick AM, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether to grant the applicant an extension of time to seek a review of the decision. This required the Tribunal to consider the length of the delay in lodging the application for an extension of time, the reasons for that delay, and crucially, whether the applicant had reasonable prospects of success in the substantive appeal.

The Tribunal acknowledged the applicant's evidence of significant health problems and family-related issues, which may have contributed to difficulties in complying with time limits. However, the Tribunal found that these circumstances did not overcome a more fundamental issue: the applicant's misunderstanding of the decision under review. The Tribunal clarified that the decision granting the disability support pension related to the applicant's second claim, not his first rejected claim. Furthermore, the Tribunal noted that even if the applicant had been qualified for the pension at the time of his first claim, the relevant legislation indicated that the earliest payment date would have been 18 September 2020, a date that would not have been improved by a successful appeal concerning the first claim.

Given that the applicant had no reasonable prospects of success on the substantive appeal, even with some latitude for the delay, the Tribunal concluded that the application for an extension of time should not be granted. Accordingly, the application for an extension of time was refused.