The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

7.1.2.10 Internal review of a claimant decision

Introduction

A person whose interests are affected by a claimant decision (1.1.C.110) may apply for an internal review of the decision. A person who can apply for a review of a claimant decision may include a PPL claimant or special PPL claimant, or other affected person, but not an employer.

Exception: A person may NOT apply for an internal review of a claimant decision that was made personally by a PPL agency representative (1.1.P.160). In this case they may apply for a review to the ART.

A claimant decision is a decision of an officer, including determinations that the Secretary is taken to have made, made under the PPLAct, but not including decisions which deal with:

  • the payment of instalments by employers
  • employer determinations
  • compliance.

Note: If a claim is not effective, the claimant can seek review only of the decision that the claim is not effective and not whether PLP was payable as this is unable to be determined without an effective claim. The claimant also may claim again for PLP.

Review of a decision that PLP is not payable to a person would result in the person not being paid PLP until the review is finalised. If the outcome of the review is that the claimant is eligible and PLP is payable, Centrelink may commence payments to the claimant. The payments can be in accordance with the claimant's initial claim.

Act reference: PPLAct section 11C For a determination to be made, the person must claim, section 55 When a claim is effective, section 206 Internal review—application for review of claimant decision, section 216 ART review of claimant decision—application for review

Form of application for internal review of a claimant decision

An application for review of a claimant decision may be made orally or in writing to Centrelink.

Act reference: PPLAct section 206(4) A person whose interests are affected by a claimant decision may apply to the Secretary …

Timing of application for internal review of a claimant decision

Applications for review of claimant decisions may only be made within 28 days of the day the decision in contention was made, unless Centrelink is satisfied that a longer period is appropriate.

Example: A partnered birth mother makes a claim for PLP. They meet all eligibility criteria and reports their ATI (for the reference income year) to be $180,000, exceeding the individual income limit. Their partner’s income is $250,000, so together they would also exceed the family income limit. The birth mother is advised that they are not eligible for PLP as their income is too high. Eight months later, when preparing their tax return for the reference income year, the birth mother's accountant asks if they have claimed PLP. The accountant calculates the birth mother's ATI (for the reference income year) to be less than the relevant PPL income limit and they realise that they had incorrectly reported their ATI. Although the 28 day time limit has passed the birth mother can still seek review on the basis that their actual ATI is below the relevant PPL income limit because they did not become aware of this until 8 months later.

Act reference: PPLAct section 206(5) Internal review—application for review of claimant decision

Notice of decision on review of a claimant decision

Written notice is required when a decision is made on an internal review of a claimant decision. See 7.1.5 for the requirements of this notice.

Act reference: PPLAct section 211 Internal review—notice of decision on review of claimant decision

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