Matthews and Secretary, Department of Family and Community Servic es [2003] AATA 189 (22 January 2003)

Last Updated: 27 February 2003

DECISION AND REASONS FOR DECISION [2003] AATA 189

ADMINISTRATIVE APPEALS TRIBUNAL )

) No N2002/1225

GENERAL ADMINISTRATIVE DIVISION

)

Re

IAN MATTHEWS

Applicant

And

SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Respondent

DECISION

Tribunal

Senior Member M D Allen

Date 22 January 2003

Place Newcastle

ADMINISTRATIVE APPEALS TRIBUNAL ) No N2002/1225

)

GENERAL ADMINISTRATIVE DIVISION )

Re: IAN MATTHEWS

Applicant

And: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Respondent

DECISION

Tribunal Senior Member M D Allen

Date 22 January 2003

Place Newcastle

Decision For the reasons given orally at the conclusion of the hearing in this matter, the decision under review is AFFIRMED.

(Sgd) M.D. ALLEN

..............................

Senior Member

CATCHWORDS

SOCIAL SECURITY - Whether Applicant had received an advance payment of a Social Security Entitlement in the previous 12 months - Definition of Social Security Entitlement - That the payment was of a different character irrelevant if defined as a Social Security Entitlement.

Social Security Act 1991 - ss23(1), s1061A

REASONS FOR DECISION

Senior Member M D Allen

1. At the conclusion of the hearing of the above matter the terms of the decision intended to be made and the reasons therefor were stated orally. After service upon the Applicant of a copy of the decision that was in fact made, the Applicant pursuant to Sub-section 43(2A) of the Administrative Appeals Tribunal Act 1975 requested the Tribunal to furnish to the Applicant a statement in writing of the reasons of the Tribunal for its decision.

2. The oral reasons for decision have been transcribed by Auscript, the Commonwealth Reporting Service. Whereas those oral reasons may reflect the inelegance of an extempore decision, they are in fact the reasons for the said decision.

3. The said transcript is annexed hereunto and furnished to the Applicant and to the Respondent as it is the reasons for the Tribunal's decision.

I certify that this and the preceding page are a true copy of the decision and reasons for decision herein of:

Senior Member M D Allen

Signed:

.........................................................................................................................

Associate

Date of Hearing 22 January 2003

Date of Decision 22 January 2003

Solicitor for Applicant Applicant self-represented

Advocate for Respondent Ms H Schuster, Department of Family and Community Services

DRAFT DECISION

ADMINISTRATIVE APPEALS TRIBUNAL

MATTER No 2002/1225

By MR M.D. ALLEN, SENIOR MEMBER

MATTHEWS and DEPARTMENT OF FAMILY

AND COMMUNITY SERVICES

NEWCASTLE, JANUARY 22, 2003

MR ALLEN: In this matter the applicant pursuant to an application lodged with the Tribunal on 23 August 2002 sought review of a decision made by the Social Security Appeals Tribunal on 29 July 2002, which inter alia refused an application for the advance payment of a disability support pension. The applicant on 17 April 2002 sought a $500 advance payment of his disability support pension. That was refused on the basis that he had been given an advance from a Social Security entitlement less than 12 months prior to requesting his last advance.

The situation can be set out in the following chronology:

The applicant at all relevant times was in receipt of a payment termed "parenting payment single" which is a new term for what was previously a sole parent pension. It would appear that each year from 1998 to 2001, the applicant applied for advance payment of his parenting payment single and this was granted. His parenting payment single was ceased with effect from 15 January 2002 that being the date on which his last qualifying child turned 16. Prior to that on 4 January 2002, the applicant lodged a claim for a disability support pension which was granted on 29 January 2002 to take effect effectively from the time his parenting payment single ceased.

On 29 June 2001, the applicant had been granted an advance payment of $500 of his parenting payment single. As stated on 17 April 2002 he requested an advance payment of his disability support pension. This was denied on two grounds, one of which is no longer applicable but referred to family tax benefit, but the second ground of refusal was that he had received an advance payment of a Social Security entitlement within the previous 12 months.

The relevant law is set out in Section 1061A of the Social Security Act, 1991. Subsection (1) of that section states:

Subject to this section, a person is qualified for an advance payment of a Social Security entitlement only if (a) the Social Security entitlement is payable to the person and (b) the person has been receiving an income support payment for a continuous period of 3 months immediately before the day on which the person's application for the advance payment is made and (d) the Secretary is satisfied that the person will not suffer financial hardship from reductions in instalments of the Social Security entitlement as a result of receiving the advance payment.

Subsection (4) of Section 1061A then goes on to provide in subparagraph (c) the following:

A person is not qualified for an advance payment if the person has received the amount of an advance payment in a single lump sum or has received the first instalment of such an amount on or after 1 January 1997 and the period of 12 months from the day the lump sum or instalment was paid has not elapsed.

A Social Security entitlement is defined in subsection (1) of Section 23 of the Social Security Act inter alia as (e):

A pension parenting payment single.

Whereas paragraph (b) of the definition refers to a definition of a disability support pension.

The facts as I find them are this: On 17 April 2002 the applicant requested a $500 advance on his disability support pension which is pursuant to paragraph 23(1)(b) of the Social Security Act defined as a Social Security entitlement. Previously in the month of June 2001, namely 29 June 2001, he was granted an advance payment of parenting payment single. Paragraph 23(1)(e) of the Social Security Act defines Social Security entitlement as a pension parenting payment single.

It is clear therefore that at the time he requested an advance payment of his disability support pension he had in the period of 12 months previously received an advance of a Social Security entitlement, namely, advance on a parenting payment single. Consequently pursuant to paragraph 1061A(4)(c) of the Social Security Act, 1991, he was not qualified for a further advance payment of a social security entitlement..

The decision under review is therefore affirmed.