On 16 September 2024, SSRV was thrilled to launch its new Disability Support Pension advice clinic established through a pro bono partnership with Hall & Wilcox.

The clinic increases SSRV’s capacity to provide vulnerable Victorians with specialist advice helping them understand their eligibility for Disability Support Pension (DSP).

Inquiries regarding DSP eligibility, application processes/evidence requirements and appeals are one of the most common issues about which people approach SSRV. Along with the DSP Help website*, SSRV sees the clinic as a further innovative approach and critical aspect of increasing access to justice for Victorians engaging with a complex social security system. Our aim is that Victorians living with disability are well-supported to navigate the DSP application process.

Nathan Kennedy, Hall & Wilcox Partner and Head of Pro Bono and Community, further highlights the importance of the DSP clinic “Everyone has a right to social security. It is particularly important to persons with disability who may be prevented from engaging in employment. Social security ensures their independence and access to food and shelter and a standard of living ensuring a life with dignity. A key focus area of Hall & Wilcox’s pro bono practice for the past 8 years has been to assist persons with disability. We are thrilled to be able to partner with SSRV to increase their capacity to assist persons with disability access the social security to which they are entitled.”

Through the clinic, a DSP applicant will receive:

• A one-hour advice appointment with an SSRV volunteer lawyer to talk through their individual circumstances.
• A follow up letter or email outlining our advice and next steps to take.
• Where appropriate, a letter to a treating medical practitioner outlining the medical evidence needed to support a DSP application.

To take advantage of an appointment through the clinic, contact our Legal Assistance Line on 03 9481 0355.  The Legal Assistance Line operates Monday – Thursday between 10am and 4pm.

Workers looking to warm refer a client can contact our Worker Helpline on 03 9481 0655.  Our Worker Helpline operates Monday – Friday from 9am to 5pm.

*Funded by the Victorian Legal Services Board Grants Program

At SSRV, our lawyers advocate for people at all stages of the review process, including internal reviews within Centrelink by an Authorised Review Officer. Here’s how SSRV supported two clients to achieve a successful outcome at the internal review stage. 

An Authorised Review Officer (ARO) works independently and is not bound by the previous decision made by Centrelink. In their review, the ARO can consider new materials and evidence to either agree with Centrelink’s original decision or set it aside and make a new decision.

These two stories demonstrate the positive impact and tangible difference that our legal service provides to members of our community, and show that by assisting clients at the internal review stage, how we help them to achieve a positive outcome early and avoid protracted legal proceedings.

Helping People Access Centrelink Payments

Daniel immigrated to Australia and was living in Australia on a permanent visa, which qualified him for Centrelink payments. However, before accessing payments he had to firstly serve a four-year waiting period, known as the ‘Newly Arrived Resident’s Waiting Period.’

Daniel was married and had a child. After immigrating to Australia, he and his wife learnt that they were expecting triplets. They were excited but also very concerned about how they would financially support three newborns whilst already experiencing financial hardship.

After the triplets were born, the family fell into severe financial hardship. Daniel had been working in his home country and was completing the necessary requirements to have his education recognised in Australia. The casual work he was able to find was very sporadic, and he did not have regular income. The family was receiving Family Tax Benefit, and his wife was receiving Parenting Payment, but this was not enough income to support their household. They could not afford a private rental and were homeless for a period. When they contacted SSRV, the family were living in temporary community housing.

Daniel had applied for both JobSeeker and Special Benefit payments, but both of his applications were rejected, on the basis that he had not completed the required four-year waiting period. He tried to explain his circumstances to Centrelink and was told to reapply in 2027. 

The SSRV lawyer explained to Daniel that he had the right to seek an internal review of Centrelink’s original decision to reject his application for Special Benefit. The SSRV lawyer explained that in some circumstances, Centrelink can exempt an individual from serving the Newly Arrived Resident’s Waiting Period. For example, if Daniel could demonstrate that he had experienced a substantial change in circumstance beyond his control after arriving in Australia, he would be exempt from the waiting period. The SSRV lawyer explained that to be successful, Daniel would need to demonstrate that:

· The change in circumstances is substantial and beyond his control and occurred after arrival in Australia and, 

· He is in financial hardship and are able to satisfy the available funds test and, 

· He have attempted to obtain a sufficient livelihood, and

· His available funds or support options were depleted because of the change in circumstances.

The SSRV lawyer supported Daniel to write a statement that explained his substantial change in circumstances. The SSRV lawyer drafted submissions to accompany his statement, and helped Daniel to lodge an application for an internal review by Authorised Review Officer of Centrelink’s decision to reject his application for Special Benefit. 

The review was successful. Daniel began to receive Special Benefit payment and he was back paid from the date that he originally applied.  Accessing Special Benefit payment helps him to financially support his young family, attend to his studies and save money to try to access permanent and stable housing.

Helping People to Seek a Review of a Centrelink Debt

Sarah is a victim/survivor of family violence. Her ex-partner had perpetrated violence towards her throughout their relationship, including coercive and financial control.

After applying for a Centrelink advance payment, Sarah’s ex-partner withheld it from her and paid her a small ‘allowance’. He refused to give her any more money when she asked, and eventually stopped paying her any amount.

Sarah’s Centrelink payments were eventually cut off and Centrelink raised a debt against her to recover the unpaid advances owing to them. Sarah contacted SSRV for advice.

The SSRV lawyer explained to Sarah that she had the right to seek a review of Centrelink’s original decision to raise a debt against her. The SSRV lawyer supported Sarah to write a written statement that detailed the family violence that had occurred. The SSRV lawyer then wrote legal submissions and assisted Sarah to apply for an internal review of the debt by an Authorised Review Officer.

After reviewing Sarah’s statement and SSRV’s legal submissions, the ARO was satisfied that ‘Special Circumstances’ existed to justify the whole debt being waived. This means that Centrelink will stop recovering the debt from Sarah, and she is not required to repay the outstanding amount. Additionally, the ARO decided to refund to Sarah all earlier repayments that she had paid towards the debt.

After leaving the relationship, Sarah lived in a family violence refuge for a period and continues to build a life free from violence.  Having the debt waived and the repayments refunded to her will assist her to recover from the financial abuse perpetrated towards her and avoid her vulnerabilities and financial hardship from becoming further entrenched.

*Names have been changed for the safety and privacy of people mentioned in this story.

Engaging directly with people and community organisations in disaster-affected areas of Victoria is an important aspect of SSRV’s work – both as a specialist statewide community legal centre and because of our focus on the intersection between social security and the impact of disasters. In early September SSRV Project Worker, Mark Morand, travelled to Murrabit, just north of Kerang, to conduct part of a major series of community engagements facilitated by our colleagues at Mallee Family Care Community Legal Centre.

This beautiful part of Victoria has been severely affected by floods in recent years, so it was important for SSRV to take some time to hear about and better understand their impact and about how the community is preparing for possible future events. Through participation in the program, SSRV was able to contribute information about the types of social security legal problems that may arise due to the impact of disasters, how SSRV can assist with addressing these matters, and about the support that may be available from the social security system in the aftermath of a major disaster. The audience included community members and other community services workers from Victoria’s Northwest.

 At the invitation of Mallee Family Care Flood Recovery Support Worker,  Louise Theodore, Mark travelled to Murrabit to address locals attending the second day of a Disaster Management Training program delivered at the Kerang Neighbourhood House, an event also supported by the NAB Foundation.

Mark spoke to those attending about SSRV’s work, the types of disaster-related state and federal government payments that may be made available in the event of a disaster and, importantly, shared some tips about how to navigate the social security system when disaster strikes.

Mark also learned a thing or two about floods from the abundant local expertise that was available on the day, as well as being reminded about the enduring quality of country hospitality.

Regular visitors to the SSRV website may be aware that SSRV is working in the space where disasters and social security legal issues intersect.

We established some time ago that there can be both direct and indirect relationships between a person’s lived experience of disaster – such as a bushfire, storm or flood – and subsequent social security legal issues.

Last year, Economic Justice Australia (EJA) and SSRV jointly developed and presented a legal brief to government, highlighting eight systemic disaster-related reform opportunities.

One of the issues raised in the brief was member of a couple decisions in the aftermath of a disaster, which was highlighted by the experience of one of our clients, who had temporarily relocated to her ex-partner’s home after losing her home in a bushfire. Her Age Pension rate was reduced to the couple rate, at a time where she was in significant financial and personal distress. 

The brief recommended that, where member of a couple determinations occur due to the impact of a disaster, the circumstances and context should be carefully considered.

As a result of this advocacy, the Social Security Guide (a policy document that guides social security decision making) was recently updated. The Guide’s sections on determining member of a couple relationships, and separated under one roof relationships, now provides this guidance:

Determining member of a couple relationships

“In circumstances where a person can no longer live in their home due to a natural disaster such as fire or flood, a former couple may not have necessarily reconciled just because they have resumed living together. Consideration should be given to the full circumstances of the former couple in determining their relationship status, including whether this arrangement is solely due to the impact of the natural disaster on the person’s home and for example, there are shared children who would otherwise be homeless.”

Determining separated under one roof

“When assessing separated under one roof, the decision maker may interview both parties or ask them to provide additional information about their circumstances. Sensitivity is needed when gathering evidence and consideration should be given to the impact of disasters.”

SSRV is very pleased to see these changes to the social security policy. We believe it is a great step in making social security policy more disaster informed. SSRV thanks Economic Justice Australia for their support and work in seeking these changes be considered and implemented.

As bushfires and floods loom large again this summer, SSRV will continue to seek change in this space to improve the way that Australia’s social security system protects people who are affected by disaster.

On 19 July 2023, the Attorney General announced the new Administrative Review Tribunal (ART) will commence on 14 October 2024.

The current Administrative Appeals Tribunal (AAT) will cease operations at this time.

All matters before the AAT will automatically transition over to the ART upon its commencement. Parties to proceedings currently before the AAT do not need to take any action to have their matter transition to the ART, it will happen automatically.

For matters that have not yet commenced, if an application has already been made to the AAT, a new application will not be needed to the ART. The application will transition across automatically.

Social security matters currently have two levels of review at the AAT, and will continue to have two levels of review at the ART. Depending on the social security decision being reviewed, there are strict time limits for applying to the first and second tier of the tribunal.

The transition from the AAT to the ART does not affect time limits for seeking review. SSRV recommends that anyone seeking a social security review at the Tribunal level proceeds as usual and does not await the commencement of the ART to lodge a review application. 

If a review application is lodged with the AAT and the matter is not finalised before 14 October 2024, the matter will automatically transition across to the ART. On the other hand, missing a time limit can result in the loss of rights to back payments. 

We will provide updates on the transition to the ART as further information becomes available.

If you have questions about how the transition to the ART may affect your or your client’s social security review, you are welcome to contact SSRV. Clients can contact SSRV’s Legal Assistance Line on 03 9481 0355. Workers can contact SSRV’s Worker Help Line on 03 9481 0655.

Are you a financial counsellor working with clients who are experiencing hardship due to compensation preclusion periods implemented by Centrelink? We are inviting you to share your professional expertise and insight as part of our consultation group.

At SSRV, our lawyers often see clients in difficult financial circumstances who want to reduce their compensation preclusion periods and return to receiving Centrelink payments.

Often, these clients have spent the entirety of their compensation lump sum and have no sources of income.

SSRV is interested in what might be done to respond to the issues that arise with CPPs, and we are interested in your expert opinion as a Victorian financial counsellor.

• What do you believe are the key issues with compensation preclusion periods?
• What are you seeing in your practice as a financial counsellor?
• What do you believe needs to change to best prevent this issue from detrimentally impacting clients?

The consultation group is scheduled for Wednesday 25 September 2024 10:00 am and will be held online.

Following the consultation group, we will consider further action and keep you up to date on further opportunities for consultation if you are interested.

If you would like to register for the consultation group, please email info@ssrv.org.au and provide your name, your job title and the name of the organisation you work for.

If you have further questions, please contact us via email or by calling 0419 793 652 and asking to speak to Eloise Cox.

At the end of the financial year, many Victorians look forward to balancing their Family Tax Benefit or Child Care Subsidy, and potentially receiving a ‘top up’ amount. 

However, if you have a debt owing to the Commonwealth, Centrelink may withhold top up amounts to offset the debt. This article explains why this may happen, what options you have, and steps to potentially avoid this occurring in future financial years. 

What happens when Centrelink balances my family assistance payments? 

Family Tax Benefit (FTB) and Child Care Subsidy (CCS) are referred to as ‘family assistance payments’. 

Estimated income is used to calculate FTB and CCS payment rates throughout a financial year. At the end of the 2023-2024 financial year, Centrelink finalised the process of balancing family assistance payments. This involves comparing an individual’s estimated income against their actual income for the financial year to determine their correct entitlement to these payments. Centrelink balances FTB and CCS separately.  

Most families need to confirm their income so Centrelink can start the balancing process. Typically, this means lodging their tax return or advising Centrelink that they are not required to lodge a tax return (this is commonly referred to as a ‘Non-Lodgement Advice’ or as a ’Return Not Necessary’ notice.)  This includes confirming the income for any partners had during the relevant financial year.  

New debts can arise when a person’s actual income for the financial year exceeds their estimated income, where the recipient or their partner fails to lodge their tax return within the prescribed time, or fails to advise Centrelink that they do not need to lodge a tax return within the prescribed time. 

Generally, a recipient of family assistance payments has until the end of the following financial year to confirm their family income or claim FTB as a lump sum. For the 2023-24 financial year, this means a recipient has until 30 June 2025 to: 

• Lodge their tax return for the 2023-24 financial year, so their FTB/CCS entitlements can be reconciled by Centrelink;  

• Advise Centrelink that they are not required to lodge a tax return for the 2023-24 financial year;  

• Make a claim for FTB as a lump sum for the 2023-24 financial year if not already lodged.  

The 12-month lodgement timeframe may be extended if special circumstances exist that prevent someone from confirming their income. An extension can be granted for up to 24-months, until the end of the next financial year following the lodgement year. An extension must be requested, it is not automatic.  

What happens if I do not meet the deadlines? 

Family Tax Benefit 

If a FTB recipient does not confirm their income either within the prescribed timeframes, Centrelink will raise a debt to recover all FTB payments paid to them in the 2023/2024 year. This is referred to as a ‘non-lodger debt.’ Additionally, the individual will likely be prevented from receiving FTB in instalments going forward, until all income for previous financial years has been confirmed. 

Child Care Subsidy 

There are separate time limits for CCS. If a recipient fails to confirm their actual income before 30 June 2025, their CCS will be reduced. If they then do not confirm their actual income by 7 July 2025 their CCS will be reduced to zero and then cancelled from the first CCS Monday after this date. All CCS paid during the relevant year will then be raised as a recoverable debt.  

If a recipient’s CCS is cancelled, they will have to pay full fees for any child care that they use. It is possible for the individual to return to the subsidy, provided they are still eligible, if they confirm their income and reapply. If there is a period between someone’s CCS stopping and starting again, Centrelink will not backpay for that period.  

Additionally, if an individual has an existing Centrelink debt or any other applicable Commonwealth debts, Centrelink can withhold their family assistance top up amounts and divert these to offset the debt.  

The process of offsetting a debt using top up payments can still occur even if the individual has a repayment plan or recovery pause in place. However, debt offsetting should not occur where recovery is paused because of a disaster, emergency event or pending formal review. 

Social Security Rights Victoria can provide advice and assistance to workers and individuals responding to these debts. 

My FTB top up payment was offset against a Centrelink debt. Is there a way to get this money returned to me? 

If an individual was expecting to receive a top up family assistance payment after their entitlements were balanced, but that payment was withheld by Centrelink to offset a debt, it is possible to seek internal review by an Authorised Review officer and request a partial or full refund of the amount withheld. 

To be successful in this application, the individual will need to demonstrate that they are experiencing ‘exceptional and unforeseen circumstances that may create financial hardship.’ In other words, this involves demonstrating not only that they are experiencing financial hardship, but also that this financial hardship is a result of exceptional circumstances that they had no way of preventing or planning for.  

For example, in our experience clients who are experiencing financial hardship because of payments that could be considered regular or expected (such as rent or mortgage payments, utility bills or car registration) will not be successful in satisfying the requirement for ‘exceptional and unforeseen circumstances’ 

I have a Centrelink debt, what can I do now? 

If you have a Centrelink debt, we recommend you check out Social Security Debt Help. 

Social Security Debt Help is a free online resource for people with Centrelink debts and those assisting them. It contains information about Centrelink debts, how they arise, and what you can do to address them.  

It also includes a self-help assessment tool which you can use to better understand debts and the options available and get better advice and assistance. 

Social Security Debt Help is live now.

Social Security Debt Help is aimed at helping people who have a debt themselves, and the information and tools are structured with this in mind. If you have a Centrelink debt, Social Security Debt Help is a great place to start to understand your situation, and to get help. 

But, as with other similar resources, it’s also useful when supporting someone else with a debt. If you have a friend or family member you’re supporting, or you help people with Centrelink debts in your work, the tools and information are for you too. 

We’d love to hear about your experience with this. Feedback is always greatly appreciated and will help us iterate on and improve the resource as the project continues. 

If you have further questions and would like information or to potentially book a legal advice appointment with a SSRV lawyer, you are very welcome to call us on (03) 9481 0299.  

Very few people plan to go into debt. Financial debts often creep up over time; sometimes we don’t realise we have a debt until the amount owing is quite large, or the debtor is demanding repayment. 

People with a Centrelink debt often find the situation daunting. They might not know why they have a debt, what’s gone wrong, or what their options are, just that Centrelink are asking them to repay hundreds or thousands of dollars seemingly out of nowhere.

Centrelink debts are accrued when a person is paid more money than they were entitled to. Centrelink are required by law to recover money that has been overpaid. Centrelink does this by ‘raising’ a debt against the person. Centrelink calculates how much the person has been overpaid, and then contacts the person and ask for this to be repaid.

Overpayments can happen for many reasons. You may have been paid too much because:

• ‍Your payment rate wasn’t calculated correctly. For example, Centrelink might have had wrong information about your income, assets or relationship status.

• ‍You did not meet the eligibility criteria for the payment you were receiving.

• ‍Centrelink didn’t have up to date information about changes to your circumstances. For example, this might happen if you don’t tell Centrelink about starting work or changing jobs, or about starting a relationship or moving house.

• ‍Centrelink made a mistake.‍

• Another reason.

What now?

If you don’t know why you’ve been overpaid, you can call Centrelink and ask a Centrelink officer to tell you the reason for the debt. Understanding why Centrelink believes they have paid you too much can help you assess your options for challenging or otherwise addressing the debt.

Social Security Debt Help is a website designed to help you understand what might have gone wrong, what your options are, and where you can get help.

Using the Self Help Tool, simply enter into the website some information about your situation, and in response you will be given a kit. This kit will provide you a summary of the options available to you to address your Centrelink debt, and help you identify questions to ask a lawyer, financial counsellor or someone else supporting you through the process.

Social Security Debt Help is aimed at those supporting other people with debts too, whether that be professionals such as lawyers or community workers, or friends and family. The website can help them understand the options the person has, and get them further support if they need it.

At SSRV, we always encourage people to seek legal advice before appealing a Centrelink debt. Social Security Debt Help can help you get more out of that advice, and make sure you’re asking the right questions and receiving correct information.

It’s official: the new Administrative Review Tribunal (ART) is going ahead after it passed the Australian Parliament on 28 May 2024. So what will the new ART look like?

According to the Attorney General’s website, the new ART aims to:

• be fair and just

• resolve applications in a timely manner, and with as little formality and expense as is consistent with reaching the correct or preferable decision
• be accessible and responsive to the diverse needs of parties

• improve the transparency and quality of government decision making
• promote public trust and confidence in the ART

Structure of the Tribunal

The original proposed version of the ART removed the two-tier review system for social security matters. Instead, it opted for a single tier and a newly created ‘Guidance and Appeals Panel’ where specific issues or material errors could be referred. However, unlike applying to the General Division of the current Administrative Appeals Tribunal, there was to be no automatic right to have a matter referred to the Guidance and Appeals Panel.  

Following advocacy led by Economic Justice Australia and National Legal Aid, which SSRV contributed to, the new ART design will now retain the two-tier review system for social security matters. 

SSRV considers the continuation of the two-tier review system as critical for access to justice by allowing more informal and efficient resolution of many matters, while retaining a right to further review for those who need it.

Other key aspects of the new ART include a greater merit-based focus in the appointment of members, as well as changes that promote accessibility, fairness and transparency to regain the confidence and trust of the Australian public.

There is still no timeline yet for when the development and implementation will be completed, and until that happens the Administrative Appeals Tribunal continues to operate in it’s current form.

To read more about the changes to expect with the new ART see Overview of draft Administrative Review Tribunal legislation | Attorney-General’s Department (ag.gov.au)

If you or someone you are supporting needs assistance with a Centrelink issue, call our Legal Assistance Line on 03 9481 0355 or Worker Helpline on 03 9481 0655.

SSRV receives calls every week about delays in Centrelink processing payment claims. Often, the callers are frustrated, worried, and stressed about when a decision is going to be made.

Data recently tabled in Senate Estimates shows that, at 1 May 2024, Centrelink had a backlog of 1,522,706 claims. For the period January to May 2024, Disability Support Pensions claims took an average of 107 days to be processed, Age Pension an average of 84 days and JobSeeker Payment an average of 23 days.

At 1 May 2024, Centrelink had 33,936 DSP claims on hand, and 9,664 of those claims were more than 120 days old.

Awaiting a response on a payment claim can be incredibly stressful, especially for individuals who have no income or are in severe financial hardship.

If you or a client you are supporting are awaiting a response on a Centrelink application, we suggest the following steps. Ultimately, there is no guaranteed way to ensure a quick outcome on a payment claim, but they can help to ensure a payment claim hasn’t been missed or lost, and may assist in obtaining a timely outcome.

1. Follow up your payment claim.

In the first instance, we recommend calling Centrelink or attending their office to speak with an officer about your claim. Ask for the reason for the delay, whether there are any outstanding documents or information which are preventing a decision being made on the claim, and request the claim be finalised as soon as possible.

2. Lodge a complaint with Centrelink.

If Centrelink have not decided upon a claim within 13 weeks, we recommend filing a complaint with Centrelink about the lack of response. This can be done via phone call to 1800 132 468 or online via MyGov or the feedback form. Make clear the resolution you are seeking is a timely decision on the payment application.

3. Contact your local Member of Parliament.

You might consider seeking assistance from your local Member of Parliament. You can find your local MP and their contact details by visiting https://www.aph.gov.au/senators_and_members/members There is no guarantee that your local MP will be able to resolve your issue, however you can call or write to their office and explain your situation and the outcome you are seeking.

4. Submit an Authorised Review Officer (internal review) request.

You can also consider lodging an internal review with Centrelink. If Centrelink has not made a decision on a claim within 13 weeks, this is considered a ‘deemed refusal’. A deemed refusal can be reviewed by an Authorised Review Officer on internal review. You do not have to lodge an internal review if it has been more than 13 weeks since you lodged the claim, you will likely still receive an outcome on the original claim at some point. However, you may wish to lodge an internal review as an alternative method of pursuing an outcome on the original claim.

5. Lodge a complaint with the Commonwealth Ombudsman.

If lodging a complaint with Centrelink did not resolve your issue, you can lodge a further complaint with the Commonwealth Ombudsman. The Ombudsman may investigate your complaint and make recommendations to resolve the issue.

Disability Support Pension

If you are applying for the Disability Support Pension, we recommend also making an application for JobSeeker Payment in the interim. An application for JobSeeker Payment will be processed faster as there are fewer eligibility requirements. In many cases, this will provide some income whilst the Disability Support Pension claim is being finalised.

Financial Counsellor support

If you are having trouble paying bills and are worried about enforcement action, we recommend speaking with a financial counsellor. A financial counsellor may be able to assist you with negotiating with creditors whilst you await an outcome on your Centrelink claim, and consider any relief grants that may be available to you.

We recommend calling the National Debt Helpline on 1800 007 007. Their financial counsellors provide free and confidential advice from 9:30 am to 4:30 pm, Monday to Friday.

Once you receive the decision

The decision you finally receive from Centrelink about your payment claim might not be the outcome you were expecting. You might disagree with the entire decision, or part of the decision. It is important to remember Centrelink decisions can be reviewed – a Centrelink internal review usually needs to be lodged within 13 weeks, except for debts which do not have a time limit.

SSRV is an independent community legal centre; we don’t have access to Centrelink systems. We can, however, talk you through the processes available to resolve your dispute with Centrelink, and give you advice on your rights of review.