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

This matter concerned an application by Liyan Xin for review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed a decision of the Secretary of the Department of Social Services. The Secretary's original decision had refused Ms Xin's claims for back payment of Student Start-up Scholarship (SSS), Carer Payment (CP), and Carer Allowance (CA). Ms Xin had been in receipt of Austudy and Newstart Allowance at various times and had lodged claims for CP and CA which were granted from 1 September 2015. Subsequently, she sought review for SSS for the period 2010-2011 and for unpaid carer payments prior to 1 September 2015, as well as a review of the rate of CP.

The primary legal issues before the Tribunal were whether Ms Xin was eligible for Carer Allowance and Carer Payment prior to 1 September 2015, and whether she was eligible for arrears of Student Start-up Scholarship during 2010 and 2011. The Tribunal was required to consider the provisions of the *Social Security Act 1991* (Cth), the *Social Security (Administration) Act 1999* (Cth), and relevant departmental policy contained within the Social Security Guide.

The Tribunal determined that to be eligible for SSS, Ms Xin was required to have made a claim in accordance with the *Social Security (Administration) Act 1999*. The Tribunal found that Ms Xin had failed to comply with a notice provided under section 68(2) of that Act by not providing requested information in March 2010. As a result, the Tribunal was satisfied that a claim for SSS had not been made. In the absence of a lodged claim, arrears of SSS could not be paid. The Tribunal affirmed the decisions under review.