Customer initiated review of decision 109-06010000

Notice of the original decision was given.

Joe's claim for Age Pension was made on 1 August. On 27 August the claim was rejected because the assets precluded entitlement. A notice of the decision was issued on 27 August.

On 4 September, Joe applied for a formal review. After checking the computer record, it was identified that the value of Joe's car had been recorded as $500,000, rather than $50,000. The asset value is below the threshold, and Joe's pension is granted from 1 August.

Notice of the original decision was given.

Joe's claim for Age Pension was made on 1 August. On 27 August the claim was rejected because the assets precluded entitlement. A notice was generated on 27 August.

The published Centrelink time from generation to posting an Online Advice (OLA) letter was 2 business days and the Australia Post published delivery standard was 4 business days between the postal location and Joe's home.

On 2 December (14 weeks after the decision to reject) Joe applied for a formal review. After checking the computer record it was identified that the value of Joe's car had been recorded as $500,000, rather than $50,000. The asset value is below the threshold, and Joe's pension is granted from 1 August.

Notice of the original decision was given.

Joe's claim for Age Pension was made on 1 August. On 27 August the claim was rejected because the assets precluded entitlement. A notice of the decision was posted on 27 August.

On 12 December Joe applied for a formal review and completed a new claim form. After checking the computer record it was identified that the value of Joe's car had been recorded as $500,000 rather than $50,000. The asset value is below the threshold and Joe's pension is granted from 12 December.

Notice of the original decision was not given.

Joe's claim for Age Pension was made on 1 August. On 27 August the claim was rejected because the assets precluded entitlement.

On 12 December Joe calls to find out the status of the claim as no advice has been received. Joe is advised the claim has been rejected due to assets and immediately applies for a formal review.

After checking the computer record it is identified that the value of Joe's car had been recorded as $500,000 rather than $50,000 and that no notice of decision was sent. The asset value is below the threshold and Joe's pension is granted from 1 August.

Notice of the original decision was not given.

Joe's rate of Age Pension was reduced on 1 August due to income that was incorrectly recorded. No notice was sent.

On 20 September Joe's rate of pension was increased due to a CPI adjustment.

On 29 December Joe calls about the lower rate of pension. The error is identified. As no notice was sent for the original decision, Joe can be back paid for the period 1 August to 19 September. Joe cannot be back paid from 20 September because a notice is deemed to have been sent about the CPI rate increase and Joe did not apply for a formal review within 13 weeks of 20 September.

Suspension followed by cancellation.

Joe advised on 20 December of a change of address to a retirement village. An information notice was sent to Joe's new address requesting rent details. Joe did not reply and his Age Pension was suspended 14 days later. Joe's Age Pension was cancelled automatically after 13 weeks. The date of effect of the cancellation is the date of effect of the suspension.

Joe applied for a formal review 12 weeks after the cancellation decision and provided the outstanding information. An ARO decided to restore Joe's Age Pension. As the decision to cancel Joe's Age Pension took effect on the day his Age Pension was suspended, the date of effect of the restoration is the date of suspension. Joe can be back paid from the date Age Pension was suspended.

Interaction of sections 109 and 110.

Joe is receiving Age Pension when on 1 August the income received from overseas reduces. Joe does not advise Centrelink at this time. On 1 September Joe advises of a reduction in employment income and a letter is sent advising of the new rate of pension taking into account the reduced employment income.

On 1 November Joe advises of the reduction in overseas income which took place on 1 August. Joe's rate is adjusted from 1 November because of the date of effect prescribed by section 110.

On 2 November Joe applies for a formal review and wants to be paid arrears from 1 August. Under section 109, Joe can be paid arrears from 1 September as the application for a formal review on 2 November is within 13 weeks of the rate decision of 1 September. The application of section 109 is more beneficial than the application of section 110 in this case. The more beneficial application should be used.

Joe receives letters via myGov. The Age Pension rejection notice is generated on 27 August. This is the date shown on the History Summary (HS) screen. This letter will be available for Joe to view on 29 August. A courtesy Short Message Service (SMS) or email (as per Joe's preferred notification method) is sent on 29 August advising Joe there is a new letter.

Letters are available for viewing in myGov 2 working days after the letter is generated. The notification SMS or email is issued 2 working days after the letter is generated.