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

This matter concerned an appeal by an applicant against a decision of the Secretary, Department of Social Services, regarding the backdating of Disability Support Pension (DSP) payments. The applicant sought to have his DSP payments backdated to the date of his initial contact with Centrelink, rather than the date he formally lodged his claim. The Administrative Appeals Tribunal (AAT) was required to determine the earliest date from which the applicant was entitled to receive DSP payments.

The primary legal issues before the Tribunal were the application of section 147 of the *Social Security (Administration) Act 1999* (Cth) concerning the timing of review applications, and the interpretation of subsection 13(3A) of the same Act, which allows for claims to be deemed made on an earlier date under specific circumstances. Section 147 limits favourable outcomes from a Tribunal review to the date the review was sought if more than 13 weeks have passed since the original decision. Subsection 13(3A) outlines conditions under which a claim lodged more than 14 days but within 13 weeks of initial contact can be backdated, provided the Secretary is satisfied it was not reasonably practicable to lodge the claim earlier.

The Tribunal acknowledged the complexity of social security legislation for applicants, particularly those with mental health challenges. However, it emphasised its obligation to apply the law as enacted. The Tribunal found that the applicant had sought review of the original decision more than 13 weeks after it was made, meaning section 147 applied and any favourable outcome could only commence from the date of the Tribunal review application. While the Secretary accepted the applicant was a vulnerable person and that section 5 of a relevant determination applied, allowing his claim to be deemed made on an earlier date of contact, this did not override the limitation imposed by section 147 on the commencement date of any favourable outcome from the Tribunal review.

Consequently, the Tribunal affirmed the decision under review, finding that the earliest date from which the applicant could be paid the DSP was 13 January 2021.