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

The Administrative Appeals Tribunal (AAT) considered a dispute between WVVD and the Secretary, Department of Social Services, concerning a claim for Youth Allowance. The core of the disagreement was whether the decision to reject the claim was correct and, if not, whether the allowance should have been payable from an earlier date.

The Tribunal was required to determine the applicability of section 43(6) of the *Administrative Appeals Tribunal Act 1975* (Cth) to the circumstances of the case. This involved assessing whether the Tribunal's power to vary or substitute a decision under that section could be exercised, and consequently, the effective date of any revised decision.

The Tribunal reasoned that section 43(6) of the *Administrative Appeals Tribunal Act 1975* applies only when the Tribunal is varying or substituting a decision-maker's original decision. In this instance, the Tribunal found that the decision under review was correct according to the relevant legislation. As there was no basis to vary or substitute the original decision, section 43(6) was not engaged. Consequently, the Tribunal affirmed the decision under review.