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

[2018] AATA 3220

Stevenson and Secretary, Department of Social Services (Social services second review) [2018] AATA 3220 (4 September 2018)

Division:GENERAL DIVISION

File Number(s):      2018/1123

Re:Robert Stevenson

APPLICANT

AndSecretary, Department of Social Services

RESPONDENT

DECISION

Tribunal:Member K Parker 

Date:4 September 2018

Place:Melbourne

The Tribunal dismisses the application for review pursuant to section 42B(1)(a) and (b) of the Administrative Appeals Tribunal Act 1975. The Tribunal is satisfied that the application for review of the decision is lacking in substance and has no reasonable prospects of success.

.....[sgd]...................................................................

Member

Catchwords

SOCIAL SECURITY – age pension – date of commencement – Respondent conceded Applicant’s claim and paid age pension – application for review successful – issue in dispute resolved – Respondent made new decision to reflect concession made – application no longer had any substance – application had no prospects of success – application dismissed

Legislation

Administrative Appeals Tribunal Act 1975 (Cth)

Social Security (Administration) Act 1999 (Cth)

REASONS FOR DECISION

Member K Parker

4 September 2018

1. Mr Robert Stevenson lodged an application with the General Division of the Administrative Appeals Tribunal (this Tribunal) on 6 March 2018, seeking review of a decision made by the Social Services and Child Support Division (SSCSD) of the Administrative Appeals Tribunal on 2 February 2018. The SSCSD decision affirmed a decision that had been made by Centrelink to commence Mr Stevenson’s age pension from 2 September 2016.

1. Mr Stevenson considered that the decisions of Centrelink and the SSCSD were incorrect and that his age pension should commence from an earlier date in August 2016.

1. In a letter to Mr Stevenson from the Secretary of the Department of Social Services’ legal representative, Mr James Henderson, dated 21 May 2018, Mr Stevenson was advised that the Secretary had instructed Mr Henderson to concede Mr Stevenson’s claim and that he was to be paid the age pension as from 23 August 2016 being the date of Mr Stevenson’s birthday. This meant that Mr Stevenson’s application for review was successful and that he was to be paid the arrears he was seeking.

2. Mr Stevenson was asked to sign proposed terms of agreement to bring the application for review to a conclusion. This agreement was not signed by Mr Stevenson. The matter was discussed at two separate preliminary conferences held at this Tribunal but that did not result in the signing of the agreement to record the concession that has been made by the Secretary of the Department of Social Services and to bring the matter to an end.

1. This application was then listed for a directions hearing before me. At that hearing, Mr Stevenson was asked what the difficulty was with respect to signing off on the agreement in light of the Secretary having conceded the issue that was in dispute and having agreed to pay Mr Stevenson the age pension from the earliest possible date being 23 August 2016. Mr Stevenson explained at that hearing that he was unclear whether the payment of arrears arising from backdating the commencement date to 23 August 2016 had been paid to him. I looked at the Centrelink records provided to the Tribunal and agreed that it was not clear on the face of the documents whether those payments had been made. I requested Mr Henderson to make appropriate enquiries with Centrelink to clarify if those payments of arrears had in fact been made. Mr Henderson duly complied with the request of this Tribunal and requested that the application be listed for a further directions hearing before the Tribunal. This took place on 28 August 2018.

1. On 28 August 2018, Mr Henderson and Mr Stevenson appeared in person. Mr Henderson explained that since the last directions hearing, a relevant officer had substituted the previous decision under review for a new decision to the effect that Mr Stevenson was entitled to be paid the age pension as from 23 August 2016. Mr Henderson contended that s 182 of the Social Security (Administration) Act 1999 (Cth) provided that the new decision that had been made, now constituted the decision under review before this Tribunal in the present application. The Tribunal accepts Mr Henderson’s contention with respect to the operation of that provision.

1. Mr Henderson also explained that the previous arrears payments had been “mixed” with Mr Stevenson’s other ongoing payments which explained why it was not immediately apparent to Mr Stevenson that he had been paid the full amount of the arrears payment. Mr Henderson provided the Tribunal with a set of figures, which he said had also been provided to Mr Stevenson. The Tribunal asked Mr Stevenson if he agreed that he had now been paid in full the arrears owing as a result of the date of commencement of the age pension being changed from 2 September 2016 to 23 August 2016. Mr Stevenson told the Tribunal that he agreed that he had received the arrears in full. The Tribunal enquired as to whether he intended to withdraw his application given that the Secretary had conceded the claim and paid the arrears in full. Mr Stevenson said he was not prepared to withdraw the application.

1. The Tribunal dismisses the application under s 42B(1)(a) and (b) of the Administrative Appeals Act 1975 (Cth). This application no longer has any substance and has no prospects of success as a consequence of the Secretary’s concession and its new decision reflecting that concession. There are no outstanding arrears payments owing to Mr Stevenson.

   I certify that the preceding seven paragraphs are a true copy of the reasons for decision of Member K Parker

   [sgd]………………………………………

   Associate

   Dated: 4 September 2018

   Advocate for the Applicant:  Self-represented

   Advocate for the Respondent:  James Henderson

   Solicitors for the Respondent:  Department of Social Services

   Date of the directions hearing:  30 August 2018