How do I appeal a decision made about my social security payments?

In Plain English

If you disagree with a decision made about your social security payments, you can ask for a review of the decision. Here's how:

  1. Social Security Appeals Tribunal (SSAT): You can apply to the SSAT to review the decision, even if you've already asked the Department of Social Services to review it. To apply, you can send a written application, make an oral application in person at an office of the Tribunal, or call an office of the Tribunal and make an oral application. The Social Security (Review of Decisions) Act 1988 outlines this process.
  2. Administrative Appeals Tribunal (AAT): If you're not happy with the SSAT's decision, you can apply to the AAT for a further review, according to the Social Security (Review of Decisions) Act 1988.

The Social Security (Review of Decisions) Act 1988 aims to provide a review process that is fair, just, economical, informal, and quick.

Detailed Explanation

The Social Security (Review of Decisions) Act 1988 provides avenues for appealing decisions related to social security payments.

  • Review by the Social Security Appeals Tribunal (SSAT):
    • Section 177(1) states that a person affected by a decision of an officer under the Social Security Act 1991 may apply to the SSAT for review of the decision, subject to section 178.
    • Section 177(2) clarifies that an application can be made to the SSAT even if an application has been made to the Secretary for review under subsection 173(1).
    • Section 179 outlines how to apply to the SSAT: by written application, oral application in person, or oral application by telephone.
    • Section 176 emphasizes that the SSAT should aim to provide a review mechanism that is fair, just, economical, informal, and quick.
  • Review by the Administrative Appeals Tribunal (AAT):
    • Section 175(1)(c) mentions that if an applicant is dissatisfied with the SSAT's decision, they may apply to the AAT for review, subject to the Administrative Appeals Tribunal Act 1975.

It's important to note that some decisions are not reviewable by the SSAT, as specified in section 178 of the Social Security (Review of Decisions) Act 1988.