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

This matter concerned an application for an Age Pension by Mr Thompson, who disputed the calculation of his pension entitlement. The dispute centred on an incorrect superannuation figure used in the initial assessment, which resulted in an underpayment of his Age Pension between 10 July and 30 June. Mr Thompson sought payment of arrears based on a corrected superannuation calculation.

The Administrative Review Officer (ARO) was required to determine whether section 109 of the *Social Security (Administration) Act 1999* (Cth) permitted the payment of arrears in these circumstances, and if so, from what date. The ARO also considered whether the initial assessment constituted an "original decision" for the purposes of the Act, and the implications of an error of fact versus an error of law in the assessment.

The ARO found that while there was an error in the superannuation figure used, which was an error of fact, section 109 of the *Social Security (Administration) Act 1999* did not allow for the payment of arrears in the manner sought by Mr Thompson. The ARO noted that subsections 3 and 4 of section 109 outline specific circumstances under which a favourable determination takes effect from an earlier date, none of which were met. However, the ARO applied subsection 7 of section 109, which deems notice to have been given on the day of indexation or adjustment for certain determinations, to allow for arrears to be paid back to the date of indexation, 1 July 2016. The ARO affirmed the decision under review.