Nettheim, Garth --- "Re McGrath and Director-General of Social Security (Social Security Act - Handicapped Childrens Allowance - discretion to backdate payments 'in special circumstances')" [1985] AboriginalLawB 48; (1985) 1(15) Aboriginal Law Bulletin 5

• Re Mcgrath And Director-General Of Social Security
• Social Security Act-Handicapped Childrens Allowance-Discretion To Backdate Payments 'In Special Circumstances'

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Re McGrath and Director-General of Social Security

Social Security Act - Handicapped Childrens Allowance - discretion to backdate payments 'in special circumstances'

Re McGrath and Director-General of Social Security

Administrative Appeals Tribunal

I. R. Thompson (Deputy President) 30 November 1994

(Noted [1985] 7 Administrative Law Notes N97)

Casenote by Garth Nettheim

Entitlement to payment of a Handicapped Child's Allowance normally commences from the date on which the claimant becomes eligible if the claim is lodged within six months of that date 'or, in special circumstances, within such longer period as the Secretary allows'. (Social Security Act, 1947 (Cth), s.102(1).)

Eligibility in respect of M's claim commenced in September 1979, but she did not claim the allowance until July 1981, and she was paid only from the date of the claim. On appeal, the Administrative Appeals Tribunal held that payment should be made from the date of eligibility.

Among other factors leading to justify such back-dating, it was noted that M was an Aboriginal woman who had left school unable to read or write competently and who had until 1981, lived in isolated rural areas. None of the medical authorities she had consulted had told her about the allowance and she learned of it only in 1981 after her sister was employed by the Department of Social Security. The Tribunal found that she was 'shy and reluctant to approach persons in authority or Government departments'.