Smith and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] AATA 37 (20 January 2010)

Last Updated: 20 January 2010

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2010] AATA 37

ADMINISTRATIVE APPEALS TRIBUNAL )

) No 2009/5914

GENERAL ADMINISTRATIVE DIVISION		)
	Re		Leonie Smith

Applicant

And

Secretary, Department of Families, Housing, Community Services and Indigenous Affairs

Respondent

DECISION

Tribunal

Ms N Bell, Senior Member

Date 20 January 2010

Place Sydney

Decision

The Tribunal refuses to grant an extension of time to the Applicant to lodge an application for review.

...................[sgd]...........................
Ms N Bell, Senior Member

CATCHWORDS - Social Security - extension of time – crisis payment – family tax benefit - merit of application – delay in application

Administrative Appeals Tribunal Act 1975

Social Security Act 1991

REASONS FOR DECISION

Ms N Bell, Senior Member

1. On 14 December 2009, Ms Smith made an application to the Administrative Appeals Tribunal under section 29(7) of the Administrative Appeals Tribunal Act 1975 to extend the time period beyond 28 days to make an application for review of the decisions of the Social Security Appeals Tribunal of 5 December 2006 and
   1 October 2009.
2. Ms Smith stated the reason for the delay was because of several periods of homelessness and that she suffered post traumatic stress disorder. However, it is unclear whether the periods of homelessness experienced by Ms Smith correspond to the period of delay for the respective applications. It is also noted that Ms Smith confirmed that she has been in her current shared accommodation living arrangements for the last 6 months during which the SSAT delivered its decision of
   1 October 2009 and the subsequent period for filing an application expired. Ms Smith also did not provide any evidence as to how her post traumatic stress disorder has contributed to the delay in the lodging of the applications.
3. The SSAT’s decision of 5 December 2006 was a review of the decision to cancel Ms Smith’s family tax benefit from 20 January 2005. However, in her evidence to this Tribunal, Ms Smith agreed that her children left her care in
   January 2005. It follows that, from that time she was not eligible to receive the family tax benefit. The Tribunal can find no merit in the application for the review of this decision.
4. The SSAT’s decision of 1 October 2009 was a review of a decision to refuse a claim made on 2 July 2009 for crisis payment in relation to an incident in 2004.
   Ms Smith’s evidence was that she was forced to leave her home because her husband had ceased to pay the rent and she was subsequently evicted. These circumstances do not qualify Ms Smith for the receipt of a crisis payment under section 1061JH(1) of the Social Security Act 1991. Nor do the circumstances match those provided for by section 1061JHA(1) of the Act which, in any event, did not commence to operate until 1 January 2007 and are therefore not applicable to the circumstances of Ms Smith in 2004. It is also noted that in relation to both provisions, the legislation further requires that an application for a crisis payment must be filed within 7 days of the occurrence of the incident in question. Therefore, the application for the review of this decision has no merit.
5. For the reasons outlined above, as to the reasons for delay in the application and the lack of merit in the respective applications, the Tribunal refuses to grant an extension of time to Ms Smith to lodge an application for review.

I certify that the 5 preceding paragraphs are a true copy of the reasons for the decision herein of Senior Member Bell

Signed:..............................[sgd].............................................

Associate: Lloyd Doherty

Date of Hearing 11 January 2010

Date of Decision 20 January 2010

Date of written reasons 20 January 2010

Representative for the Applicant Self-represented

Representative for the Respondent Ms Raewyn Harlock, Centrelink Legal Services