C26/2001 INCOME SUPPORT AAT REVIEW - POLICY INPUT AND NOTIFICATION OF PENDING APPEALS

Purpose of instruction

This instruction clarifies the role of the Income Support Policy Section in providing policy input relevant to AAT review involving Income Support and outlines new reporting procedures applicable to Departmental Advocates and other procedures applicable generally to such matters.

Reasons for request

Clearly some AAT reviews involve cases which have implications under both the Veterans' Entitlements Act 1986 (the VEA) and the Social Security Act 1991.  One such case, which raises concerns about means test implications under both Acts only came to the notice of the Income Support Policy Section some weeks after the decision was handed down.  In another matter, policy input was not requested until late in the afternoon on the day of the AAT hearing.  These examples highlight the requirement for advocates to recognise the need for policy advice and for it to be obtained early in the case preparation stage.

Other benefits of reporting process

The reporting process should also improve the quality of cases being defended before the Tribunal as well as assisting the Income Support area to identify additional cases where policy input is warranted.

Role of Income Support Policy

The Income Support Policy Section is available to provide policy input on all Income Support matters other than those where the substantive issue involves Qualifying Service.  Income Support Policy will liaise with the Department of Family and Community Services or the Legal Services Group as appropriate.

How do I obtain policy advice?

A request for policy advice on a particular AAT case can be sent by e-mail to NAT Policy Advisings Income Support.  The critical date for a response should be specified.

When should Policy direction be obtained?

The following are examples of the types of cases in which policy advice should be sought:

• Where the section 57 decision overturns the primary determination and AAT review is sought.

• Where there is doubt over the soundness of the decision on which AAT review is being sought.

• Where it is anticipated that the AAT decision may have implications beyond the specific case being reviewed.

• Cases involving rejection of a claim for service pension or income support supplement where there are other than the usual eligibility criteria to be considered eg where residency is in question.

• More complex cases involving issues such as family discretionary trusts, family private companies, the possible existence of beneficial interests and/or the interpretation of financial statements.

Where it is unnecessary to seek policy input?

The above list is indicative and it is recognised that some Income Support cases are less complex and do not warrant referral to Income Support Policy.  However, as we wish to maintain a monitoring role for all Income Support AAT cases, they should be reported to Income Support Policy on the form attached.

What matters need to be reported?

An Income Support matter, excepting one where the substantive issue is Qualifying Service, involving an application for AAT review where the primary decision has been reviewed by a delegate under section 57 of the VEA.

What matters do not need to be reported?

It is not necessary to report details of cases to Income Support where the substantive issue is Qualifying Service.  The Disability Compensation Branch monitors these issues and input is sought from Income Support as required

What information needs to be provided?

Please refer to the attachment for details that are required to be reported on an ongoing basis to Income Support Policy

How do I report an IS case?

By e-mailing the completed attachment to NAT Policy Advisings Income Support.

Instructions required

If the AAT or an Advocate wishes to have an Income Support matter determined by the AAT “on the papers”, specific approval to do so should be sought from either the Director Income Support Policy or the Branch Head, Income Support.

The minute requesting instructions to have the matter determined on the papers should provide:

• a brief outline of the issue;

• an assessment whether the case is unique or may have more general implications for Income Support;

• reasons for the request.

E-mail the request for these instructions to: NAT Policy Advisings Income Support.

Authorised by

Roger Winzenberg

Branch Head

INCOME SUPPORT