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(AAT) Administrative Appeals Tribunal: Centrelink

2020-12-02 07:56:54


Centrelink overview 

The AAT can review many decisions made by Centrelink. 

  

First review 

A first review is the first time we review a decision made by a Centrelink Authorised Review Officer (ARO) or Subject Matter Expert (SME).  

  

We can review most Centrelink decisions about: 

  

social security pensions, benefits and allowances 

concession and health care cards 

family assistance payments 

farm household support 

Paid Parental Leave 

ABSTUDY and Assistance for Isolated Children debts. 

  

We cannot review a decision unless it has been reviewed by a Centrelink ARO or SME. 

  

A first review is done in the Social Services & Child Support Division of the AAT. 

  

Second review 

If you disagree with our first review decision, we can conduct a second review of most decisions. 

  

A second review is done in the General Division of the AAT. 

 
 

First review by the AAT 

Can we help? 

What we can review 

A first review is the first time we review a Centrelink decision. We can only review a decision if it has been reviewed by a Centrelink Authorised Review Officer (ARO) or Subject Matter Expert (SME). 

  

We can review most Centrelink decisions about: 

  

social security pensions, benefits and allowances 

concession and health care cards 

family assistance payments 

farm household support 

Paid Parental Leave 

student assistance payments, including ABSTUDY.  

  

The decisions we can review include: 

  

rejection of a claim 

suspension or cancellation of a payment 

the rate of a payment 

raising and recovering a debt. 

The Centrelink decision letter will tell you if we can review the decision. 

  

What we cannot do 

review a decision that has not been reviewed by a Centrelink ARO or SME. 

investigate a complaint about Centrelink  

consider a claim for compensation for detriment experienced as a result of defective actions or inaction (CDDA scheme) 

change the law. 

 
 

How to apply 

You can apply for a review online. https://online.aat.gov.au/ 

  

You can also apply by: 

  

telephone - 1800 228 333 

filling in an application form 

email 

letter. 

  

Check our contact details to lodge an application at one of our registries, or send the application by post, email or fax. https://www.aat.gov.au/contact-us 

  

We have a video guide which explains more about how to apply for a review.https://www.aat.gov.au/resources/information-videos 

  

What information do I need to give? 

If you write a letter or email, make sure you include: 

  

your name, postal address, telephone number and email address 

the date you received the decision 

a copy of the decision 

brief reasons why you think the decision is wrong. 

  

If you cannot send us a copy of the decision, then include: 

  

the name of the department that made the decision 

a brief description of the decision 

the date the decision was made. 

  

Paid Parental Leave (employer reviews only) 

If you are an employer lodging an application about a Paid Parental Leave decision you must apply in writing. You cannot apply online. Strict time limits apply.  

  

A Paid Parental Leave (employer) application must include: 

  

the condition or conditions that the employer believes are not satisfied 

a statutory declaration verifying the application. 

  

Application for review form  - Paid Parental Leave (employer) 

https://www.aat.gov.au/landing-pages/application-forms/application-for-review-form-ppl-employer-decisions 

 
 

Time limits 

Is there a time limit for applying? 

Yes, there are time limits for some Centrelink decisions. These are listed below. 

  

There is no time limit for other Centrelink decisions. However, you might not receive back payment if you do not apply within 13 weeks after being given notice of the Authorised Review Officer (ARO) or Subject Matter Expert (SME) decision. 

  

You can check the Centrelink decision letter to find out if there is a time limit and what the time limit is. 

  

What decisions have a time limit? 

Family assistance decisions 

You must lodge the application within 13 weeks after you receive the ARO or SME decision. 

  

However, there is no time limit if you receive family assistance payments by instalment or if the decision is about a family assistance debt. 

  

Paid Parental Leave decisions as a claimant 

You must lodge the application within 28 days after you receive the ARO or SME decision. 

  

Paid Parental Leave decisions as an employer 

You must lodge the application within 14 days after the date of the ARO or SME decision.  

  

Student assistance decisions, including ABSTUDY debt decisions 

You must lodge the application within 3 months after the date of the ARO or SME decision. 

  

What can I do if the time limit has expired? 

For most decisions, you can apply to us to extend the time limit to lodge your application. You should apply in writing and include reasons why the application is late. You can do this by sending us an email or letter. 

  

We will only start the review if we decide to extend the time limit. 

  

If you are an employer making an application about a Paid Parental Leave decision we have no power to extend the time limit to lodge the application.  

 
 

Fees 

Do I have to pay an application fee? 

No. There is no fee to apply for a review of a Centrelink decision. 

 
 

Second review by the AAT 

Can we help? 

What we can review 

A second review is the second time we review a Centrelink decision. 

  

We can conduct a second review of most first review decisions made by the Social Services & Child Support Division of the AAT. The letter we sent you with the first review decision will tell you if we can review the decision again. 

  

What we cannot do  

review a decision of the Social Services & Child Support Division to dismiss an application or refuse to reinstate an application for a first review 

review a decision if you are an employer and have received a first review decision about Paid Parental Leave from the Social Services & Child Support Division. 

The letter we sent you with the decision will tell you what you can do if you think one of these types of decisions is wrong. 

 
 

How to apply 

An easy way to apply for a review is online. https://online.aat.gov.au/ 

  

You can also apply by: 

  

filling in an application form 

email 

letter. 

Check our contact details to lodge an application at one of our registries or send the application by post, email or fax. 

  

We have a video guide which explains more about how to apply for a review. 

  

What information do I need to give? 

If you write a letter or email, make sure you include: 

  

your name, postal address and telephone number and email address 

the date you received the decision 

a copy of the decision 

brief reasons why you think the decision is wrong. 

If you cannot send us a copy of the decision, then include: 

  

the name of the department that made the decision 

a brief description of the decision 

the date the decision was made. 

 
 

Time limits 

Is there a time limit for applying? 

Yes. You must lodge an application for a second review of a Centrelink decision within 28 days after you receive the first review decision from the Social Services & Child Support Division of the AAT. 

  

What can I do if the time limit has expired? 

You can apply to us to extend the time limit to lodge your application. You must apply in writing and include reasons why the application is late. You can do this: 

  

when you lodge your application for review online 

  

by filling in an Application for extension of time form and sending it to us with the application for second review of decision form 

  

by writing an email or letter. 

  

Check our contact details to lodge the application at one of our registries, or send the application by post, email or fax.  

  

What happens after you apply for an extension of time? 

We will send a copy of your extension application to Centrelink. They have 14 days to tell us if they oppose the application. 

  

If they do not oppose the application, we will generally make a decision without holding a hearing. If they oppose the application, we will usually hold a hearing before deciding the application. The hearing might be by telephone or in person at an AAT registry. 

  

We will only start the review if we decide to extend the time limit.  

 
 

Fees 

Do I need to pay an application fee? 

You do not need to pay an application fee if you lodge an application for a second review of most Centrelink decisions. 

  

An application fee is only payable for a second review of a decision about Paid Parental Leave. 

  

How much do I have to pay? 

The second time we review a Paid Parental Leave decision the standard application fee is $962. 

  

Can I pay a reduced fee? 

Yes, a reduced fee of $100 can be paid if: 

  

legal aid has been granted for the review 

you hold a health care card, pensioner concession card, Commonwealth seniors health card or other card that certifies entitlement to Commonwealth health concessions 

you are in prison, immigration detention or otherwise detained in a public institution 

you are under 18 years of age 

you are receiving Youth Allowance, Austudy or ABSTUDY 

we decide payment of the application fee would cause you financial hardship. 

You must give us evidence that you are eligible to pay a reduced fee. 

  

To ask for a fee reduction because of financial hardship you must fill in the Request for fee reduction form. You should send us this form when you lodge the application. 

  

What if I have more than one application for review? 

If you make more than 1 application and we decide they can be dealt with together, we can order that you only have to pay 1 fee. 

  

You can ask us about paying a single fee when you lodge the applications. 

  

When do I pay my fee? 

You should pay the fee when you lodge the application. We will not start the review until you pay the fee. 

  

The application might be dismissed if you do not pay the fee within 6 weeks after lodging the application. 

  

How do I pay my fee? 

EFTPOS 

credit card (MasterCard and Visa only) 

cheque 

money order 

cash. 

You can pay the application fee by credit card if you lodge your application online. Credit card payments can also be made by phone. 

  

Can I receive a refund? 

We will refund: 

  

the entire application fee if you were not required to pay it 

the difference between the fee you paid and $100, if we decide you can pay the reduced fee 

the difference between the fee you paid and $100, if the review is decided in your favour. 

There is no refund if you paid the reduced fee of $100.