8.4 Other matters relating to review
This chapter covers other matters relating to review of decisions.
Review body may determine events to have happened or not to have happened
If Centrelink or the AAT (the review body) is reviewing a decision and is satisfied that an event would have happened had the original decision not been made, then that event can be deemed to have happened for the purposes of the review. Similarly, if an event would not have happened had the original decision not been made, then that event can be deemed to have not happened for the purposes of the review.
Example: A person made a primary claim pre-birth requesting the child's expected DOB be the start date for their PPL period. Centrelink determined the claimant was not eligible and, because of this, the claimant did not verify the child's birth within the required time. If, on review, the AAT decides that the individual is eligible it may set the decision aside, remitting it back to Centrelink. The intention of PPLAct section 272 is to allow Centrelink to be satisfied that verification would have been provided within the required time but for the decision that the claimant was not eligible for PLP. Centrelink can seek verification of the birth when the decision is remitted back to them but still be able to treat the claim as though the verification had been provided within the required time in order to determine the person's PPL period start date.
Similarly, a person who returned to work because Centrelink determined that PLP or DAPP was not payable to him or her may still qualify for PLP or DAPP if, on review, Centrelink decides that the claimant was payable. Centrelink can deem that the claimant would not have returned to work but for the decision that PLP or DAPP was not payable and can make payments to them in accordance with the new decision despite the person having returned to work in the PPL or DAPP period.
Act reference: PPLAct section 272 Review body may determine events to have happened, or not to have happened
Certain income test determinations are not to be changed on review
If a review is being conducted by Centrelink or the AAT (the review body) for the purposes of the PPL scheme, and the review involves a review of a decision that:
- the person is or is not eligible for PLP or DAPP, or
- PLP or DAPP is or is not payable to a person,
- the review (wholly or partly) considered a determination (the income determination) that the person satisfies the income test, and
- the income determination was taken into account in deciding that PLP or DAPP is payable, and
- the person did not knowingly make a false or misleading representation or provide false or misleading information in relation to the determination of income,
then the review body cannot vary the income determination in such a way that the person does not satisfy the income test, or set aside the income determination and substitute it with a new determination that the person did not satisfy the income test.
The intention of this provision is that once a person has provided their ATI and Centrelink has decided that PLP or DAPP is payable, this decision should not be overturned should it later be found that the person's ATI exceeds the income limit. This provision DOES NOT APPLY where a person knowingly provides false or misleading information/representation in relation to the income test.
Act reference: PPLAct section 273 Certain income test determinations not to be changed on review
Settlement of proceedings before the AAT
If AAT first review or AAT second review proceedings relate to the recovery of a debt, the DSS Secretary and other parties to the proceedings may agree, in writing, to settle the matter.
If proceedings are settled, the application for review that is the subject of proceedings is taken to be dismissed.
Act reference: PPLAct section 273A Settlement of proceedings before the AAT