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

This matter concerned an appeal by Mr Tang against a decision of the Administrative Appeals Tribunal (AAT) regarding the commencement date of his disability support pension. The dispute centred on whether the pension should be backdated to an earlier period, as contended by Mr Tang, or commence from the date determined by the Secretary of the Department of Social Services. The decision was made by Reitano M of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine the correct start date for Mr Tang's disability support pension. This involved considering whether Mr Tang's personal circumstances, including alleged hardship or financial difficulties, or any existing debts to Services Australia, were relevant factors in determining the commencement date of the pension.

Reitano M reasoned that the rules governing the payment of a disability support pension do not permit the start date to be determined by considerations of hardship, crisis, or other personal circumstances. Similarly, the existence of any debt to Services Australia was found to be irrelevant to the determination of the pension's start date. The Tribunal affirmed the AAT's decision, ordering that the start date for Mr Tang’s disability support pension be 2 September 2020.