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

This matter concerned an appeal by Mrs Vazquez against a decision of the Secretary of the Department of Social Services regarding the date of effect for an increase in her rent assistance payments. The dispute centred on when Mrs Vazquez was entitled to receive the increased rate of rent assistance following an increase in her rent payments.

The Administrative Appeals Tribunal was required to determine the date from which Mrs Vazquez was entitled to an increase in rent assistance. Specifically, the Tribunal had to ascertain the correct date of effect for a favourable determination, considering the date of the rent increase and the date Mrs Vazquez notified the Department of this change.

The Tribunal applied subsection 110(1) of the *Social Security (Administration) Act 1999* (Cth). This provision dictates that a favourable determination takes effect from the later of two dates: the day on which the relevant event or change occurred, or the day on which the person informed the Department of that event or change. In this instance, the Tribunal found that the rent increase occurred on 15 May 2019, and Mrs Vazquez informed the Department on 2 October 2019. As 2 October 2019 was the later of these two dates, the Tribunal determined that this was the effective date for the increase in rent assistance. The Tribunal affirmed the decision under review.