Actions in Respect of Centrelink

Nature of action Time Limit Period Legislation Provision
Lodgement of Claims
Claim for pension bonus. Claim is to be lodged usually within 13 weeks of the last bonus period. ss 22-26 Social Security (Administration) Act 1999 (Cth) Note detailed exclusions.
Claim for fares allowance. Claim is to be lodged in the study year to which the claim relates or before 1 April next following the end of that year (the final date). s 27 Social Security (Administration) Act 1999 (Cth) A claim for fares allowance may be lodged on or after the final date if the Secretary is satisfied that:

1.     the claimant took reasonable steps to lodge the claim, or have the claim lodged, before the final date; and

2.     circumstances beyond the claimant’s control prevented the claim being lodged before the final date (s27(2)); OR

1.     circumstances beyond the claimant’s control prevented the claimant taking reasonable steps to lodge the claim, or have the claim lodged, before the final date; and

2.     the claimant sought to lodge the claim as soon as practicable after those circumstances ceased to exist (s27(3)).
Claim for Australian Government Disaster Recovery Payment relating to a major disaster. Within 6 months after the determination of the disaster. s 27A(1) Social Security (Administration) Act 1999 (Cth) May extend where special circumstances justify late lodgement (s 27A(2)).
Applications for Review
Application to the Secretary for internal review of a decision of an officer (the original decision). (13 weeks): If the original decision is made in relation to pension bonus, low income supplement or essential medical equipment payment and the notice of the original decision is given to the person concerned, the person is not entitled to make an application for review of the original decision more than 13 weeks after the giving of the notice.

3.                   Otherwise, generally not restricted, however:

·         an applicant will only receive backdated payments from the date of the original decision if the application is lodged within 13 weeks of notice of the original decision being given or if the person is not given notice of the original decision;

4.                   if application is lodged more than 13 weeks later, any favourable determination only takes effect on the day on which the application for review was made.

 ss 109, 129(1),(3) Social Security (Administration) Act 1999 (Cth)
Application to AAT for review of a decision of the Secretary, the Chief Executive Centrelink or the authorised review officer. Anytime.

5.                   However, will only receive backdated payments from the date of the application if the application to the AAT is lodged more than 13 weeks after the notice was given for review of the decision.

 ss 142) Social Security (Administration) Act 1999 (Cth) If application for review is lodged outside 13 week period, the AAT’s decision has effect from the date of the application: s152(4). Thus payments will be backdated to the date of the application.
Application to AAT for a second review 28 days of AAT’s first decision. s 29(2) Administrative Appeals Tribunal Act 1975 (Cth) Where first decision sets out findings/reasons –

6.                   28 days after the decision is given to the applicant.

7.                   Where first decision does not provide findings/reasons –

8.                   28 days after statement of findings/reasons is given to the applicant; OR

9.                   28 days after the applicant is notified that findings/reasons will not be given.