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Role of the SSAT in Centrelink matters

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The SSAT is an Independent Tribunal

The SSAT is an independent administrative merits review tribunal. It is completely separate from Centrelink.

The role of the SSAT is not to decide whether there was an error made by Centrelink. That role is the function of an appeal court. The SSAT is not a court.

The role of the SSAT is to review particular decisions and make a fresh decision. The SSAT makes a completely fresh decision in each case, which it determines is correct (in terms of legally correct) or preferable (in terms of the exercise of a discretion). In doing this there is no presumption by the SSAT that the original decision is correct. The SSAT can consider any matter of law or policy which is relevant to the review. It is not limited to what has been considered by the Centrelink Authorised Review Officer.

A party can not choose to have only part of a decision reviewed. In conducting a merits review the entire decision of the Centrelink Authorised Review Officer is considered by the SSAT.
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Powers

The SSAT’s jurisdiction is derived from the Social Security (Administration) Act 1999, the A New Tax System (Family Assistance) (Administration) Act 1999, the Student Assistance Act 1973 and the Employment Services Act 1994. These Acts provide that where a decision has been reviewed by the Secretary to the relevant department, the Chief Executive Officer of the Commonwealth Service Delivery Agency (Centrelink) or an Authorised Review Officer, and has been affirmed, varied or set aside, the people affected by the decision may apply to the SSAT for review of that decision.

The SSAT may exercise most of the powers and discretions of the Secretaries to the Department of Families, Housing, Community Services and Indigenous Affairs and the Department of Education, Employment and Workplace Relations.

Once an application has been received by the SSAT it must deal with the application. There are only limited circumstances in which the SSAT can dismiss an application or otherwise decline to hear it.
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Jurisdiction

The SSAT generally has the power to affirm, vary or set aside a decision under review. Where it sets aside a decision, the Tribunal may either substitute a new decision or send the matter back to Centrelink with directions or recommendations for further action.

Centrelink decisions reviewed by the SSAT typically relate to the following:

Social Security Law
  • Not to grant a pension, benefit or allowance.
  • The rate at which an entitlement is to be paid.
  • The suspension or cancellation of an entitlement.
  • The raising of debts relating to overpayments and the rate at which they are to be recovered.
Family Assistance Law
  • Entitlement to family assistance.
  • The rate at which family assistance is paid.
  • The raising of debts relating to family assistance overpayments and the rate at which they are to be recovered.
Health Insurance Act
  • The declaration of disadvantaged persons for entitlement to health care cards.
Child Support (Assessment) Act
  • The adequacy of child support agreements for social security recipients.
Farm Household Support Act
  • Assistance to farmers experiencing financial hardship.
Student Assistance Act
  • Entitlement to various forms of student assistance.
  • Recovery of student assistance debts.
Veterans' Entitlements Act
  • Calculation of arrears of service pension where the veteran's partner was receiving a social security pension or benefit.
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