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

This matter concerned a review by the Administrative Appeals Tribunal (AAT) of a decision by the Secretary, Department of Social Services, regarding Ms Webster's claim for Carer Payment. The central dispute revolved around whether Ms Webster had effectively made a claim for Carer Payment at an earlier date, specifically when she lodged her claim for Carer Allowance.

The AAT was required to determine the date from which Ms Webster was entitled to Carer Payment. This involved assessing whether her initial contact with Centrelink and the subsequent completion of a medical report constituted a valid claim for Carer Payment, or if she had indeed made a claim for Carer Allowance only, as she contended. A key issue was whether Ms Webster had been misinformed by Centrelink regarding her eligibility to claim both payments simultaneously.

The Tribunal reasoned that despite Ms Webster's belief that she could not claim both payments and her completion of a medical form indicating an assessment for Carer Payment and Carer Allowance, she had not lodged a formal claim for Carer Payment at the time of her initial contact. The Tribunal noted that an information sheet provided to Ms Webster clearly distinguished between Carer Allowance and Carer Payment, outlining their respective characteristics. Although Ms Webster may have been eligible for Carer Payment at an earlier date, the Tribunal found that she had not lodged the necessary claim. Consequently, the reviewable decision was set aside, and the Tribunal substituted a decision that the start day for Ms Webster's Carer Payment entitlement was 7 September 2015.