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

This matter concerned an appeal by Mrs Zareba against a decision of the Secretary of the Department of Social Services regarding her eligibility for an age pension. Mrs Zareba contended that her claim for the age pension should have been backdated to an earlier date, specifically when she first made contact with Centrelink, arguing she was a vulnerable person during the COVID-19 pandemic. She also argued that confusion arising from the online application process led her to believe she was making a joint application with her partner, when in fact, her partner had lodged his own individual application.

The Tribunal was required to consider the provisions of the *Social Security (Administration) Act 1999* (Cth) and the *Social Security (Administration) (Class of Persons – Intent to Claim) Determination 2018* (Cth) to determine whether Mrs Zareba's circumstances warranted the pension being paid from an earlier date than that recorded by Centrelink. The central legal issue was whether the initial contact made by Mrs Zareba, or her partner on her behalf, constituted a valid "intent to claim" under the relevant legislation, particularly in light of the difficulties and confusion experienced during the online application process amidst the COVID-19 pandemic.

The Tribunal acknowledged the significant challenges faced by applicants attempting to lodge claims during the early stages of the COVID-19 pandemic, including government-imposed lockdowns, advice to avoid Centrelink service centres, and overwhelming demand on online services. While the Tribunal found that the online application process could indeed be confusing, it ultimately affirmed the decision under review. The reasoning suggests that despite the applicant's contentions regarding vulnerability and confusion, the formal requirements for establishing an intent to claim, as defined by the legislation, were not met in a manner that would allow for the pension to be paid from the earlier date sought by Mrs Zareba.