Where your investigations:
Do not hesitate to challenge it. The decision might be overturned or the explanation given may be clearer to your client. Sometimes going through the appeal process may prolong your client’s distress and be a waste of their time and your client should be discouraged from appealing. At all times the decision whether to appeal is for your client to make.
Appealing is free and no penalty can be imposed on people who appeal decisions. Thousands of appeals are successful each year.
When you “appeal” a decision, you or your client are actually having the decision “reviewed”. In this ONLINE EDITION we call challenges to Centrelink decisions “appeals”.
Details about all the steps in the appeal process can be found in Part 20 of the Handbook.
Sometimes it may not be possible to get a decision changed but it may be possible to obtain “compensation” from Centrelink. This can happen, for example, where a Centrelink officer has neglected to give a client relevant information in response to a query, or has given incorrect information.
Where a person has had their payment cancelled, the Authorised Review Officer may exercise discretion to continue the person’s payment during the review process. It is essential that where a person’s payment has been cancelled and a review of that decision has been sought, that a request be made for “continuation of payment pending the outcome of the review.”
The steps in the appeal process are:
Each step in the review process must be preceded by the previous step. So the SSAT cannot review a Centrelink decision until the ARO has reviewed the decision and made an ARO decision.
It is desirable to lodge an appeal against a decision within 13 weeks of being notified in writing of the original decision maker or ARO decision. This is because in most cases any arrears can only be paid if the decision is appealed within 13 weeks. An appeal to the AAT should be lodged within 28 days of receipt of the SSAT decision.
The original decision maker is the Centrelink officer who made the original decision. When a person asks to appeal against a decision, they will usually be invited to discuss the matter with this officer (or the officer who is currently in his or her position). This may lead to further investigation and consideration and the decision can be clarified or changed. Where a person specifically asks for an ARO to review a decision, the original decision maker will still review his or her decision again.
A person is under no obligation to have the decision reviewed by the original decision maker. If they wish, the person should insist that the matter be referred directly to an ARO.
Where an original decision relates to a person’s receipt of compensation, the initial decision is generally reviewed by the manager of Compensation Recovery in the Area Office.
For more information about the internal review process, see Chapter 48.
An Authorised Review Officer (ARO) is a senior Centrelink officer who is responsible for reviewing decisions made by original decision makers. ARO’s have the power to change or vary the original decision.
The request for a review by an ARO may be made at the local Centrelink office in person, by telephone to a Call Centre or the local Centrelink office, or in writing.
It is preferable for a request for a review to be made in writing and for a receipt or acknowledgment of the review request to be obtained so that there is no dispute that it was made or about the date on which it was made. The request for review may be made on a Centrelink form. However it is not essential to lodge this form to have the decision reviewed by an ARO.
If your client tells you that their matter has already been reviewed without success, it is important to check whether it has been reviewed by an ARO or only by the original decision maker.
Often a request for an appeal to an ARO never reaches the ARO, but instead is only reviewed by the original decision maker and is not then passed on to an ARO. In such circumstances it may be necessary for you to contact Centrelink to insist that the matter be referred to an ARO.
When the decision has been reviewed by an ARO, the person appealing will receive a letter signed by an ARO.
For more information about review by an ARO, see Chapter 48.
The Social Security Appeals Tribunal (SSAT) is not part of Centrelink. It is an independent decision making body and its role is to review decisions made by Centrelink. The SSAT can change the decision and, unless it appeals, Centrelink must implement the SSAT decision.
The SSAT is thorough, informal and makes its decisions relatively quickly. The SSAT will invite a person to come in to the SSAT’s office to explain his or her reasons for dissatisfaction. Centrelink is not represented. In some cases the SSAT can conduct telephone hearings or visit the client at their home. The person can take a friend or adviser who may speak on their behalf. The person can also ask the SSAT to seek information from other people, such as a relative or friend who may be aware of some of the relevant facts.
The SSAT will also provide an interpreter for clients who prefer a language other than English.
The SSAT is based in each capital city but sometimes hears appeals in country areas. The SSAT can assist with travel costs to enable clients to get to its offices.
Both Centrelink and individuals can appeal an SSAT decision to the AAT (see Chapter 50).
For more information about appealing to the SSAT (see Chapter 49).
A request for a review by an Authorised Review Officer can be made at any time, however, to ensure payment of full arrears if the appeal is successful, a person must lodge the appeal within 13 weeks of receiving written notice of the decision from Centrelink. Where it has been more than 13 weeks since receipt of written notice of the decision, a person can still lodge an appeal to an Authorised Review Officer, but arrears will only be paid from the date the appeal was lodged.
Where a person is appealing a debt, there is no time limit for appealing to an Authorised Review Officer.
However, where the person is appealing to an Authorised Review Officer about a Family Tax Benefit decision, this should generally be done within 12 months of being notified of the decision. This will ensure that the appeal can be accepted and that a person can be paid maximum arrears.
In some limited situations, a person may be able to receive arrears even if the appeal was not lodged within 12 months. Where Centrelink refuses to accept the appeal, or refuses to pay arrears of Family Tax Benefit, a person should contact a Welfare Rights Centre for advice.
Where a Family Tax Benefit appeal relates to the lodging of a person’s (or their partner’s) tax return, the appeal must be lodged within two years of the end of the relevant financial year to ensure that, in the event of a successful appeal, any Family Tax Benefit “top-up” is able to be paid.
Appeals to the Social Security Appeals Tribunal must be lodged within 13 weeks of receiving the Authorised Review Officer’s decision to ensure maximum arrears if the appeal is successful.
However, where a person is appealing a debt there is no time limit for appealing to the Social Security Appeals Tribunal.
Appeals to the Social Security Appeals Tribunal regarding a Family Tax Benefit decision (other than a debt decision) must be lodged within 13 weeks of receiving the Authorised Review Officer’s decision. This time limit can be extended if there are special circumstances.
Appeals to the Administrative Appeals Tribunal must be lodged within 28 days of receiving written notice of the decision of the Social Security Appeals Tribunal. This time limit can be extended in certain circumstances by order of the Administrative Appeals Tribunal.
