220.127.116.11 What can be reviewed/appealed through the delegate under the Cape York initiative
What can be reviewed/appealed through the delegate
Current practice for the review of decisions is provided for in SS(Admin)Act Part 4, where a review of a decision of an officer under social security law can occur. A decision by the delegate of the Secretary under SS(Admin)Act Part 3B will be a decision by an officer and therefore reviewable under social security law.
Examples of decisions that an individual may seek review of include:
- A decision to apply income management under SS(Admin)Act section 123UF (1) or (2) or (3), i.e. that the conditions in the applicable subsection are satisfied in relation to an individual.
- A decision to take an action under Division 6 directed to meeting the priority needs of an individual, i.e. a decision to distribute income managed funds in a particular way.
- A decision with respect to income management debt recovery (e.g. SS(Admin)Act section 123ZJ).
- Note: Waiver provisions under SSAct Chapter 5 are NOT applicable under the income management regime.
- All decisions affecting social security payments not directly related to income management. For example, eligibility/rate/participation failures/suspension/cancellation/debt recovery etc. (Decisions affecting family assistance payments are reviewable in accordance with the family assistance law.) Income managed individuals in all jurisdictions retain ordinary review/appeal rights in this regard.
- A decision on how residual income managed funds are disbursed under section 123WJ once an individual ceases income management, i.e. either as a lump sum or instalments or in another way.
Act reference: SSAct Chapter 5 Overpayments and debt recovery
SS(Admin)Act section 123UF Persons subject to the income management regime-Queensland Commission, section 123WJ Payment of credit balances of income management accounts-person ceases to be subject to the income management regime, section 123ZJ Value of action taken under Division 6 exceeds credit balance of income management account