SOCIAL SECURITY - jobseeker payment - payment granted from later date and application for backdating - incapacity for work - injury, treatment and slow recovery, and not in condition to lodge claim - earlier contact with Centrelink by nominee - provision for backdating in case of incapacity - financial hardship attributable to unavoidable or reasonable expenditure - decision under review set aside and substituted

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information pursuant to subsection 201(1A) of the Social Security (Administration) Act 1999.

1. This application for review relates to whether Mr Dacha is entitled to be paid jobseeker payment for any period prior to 13 August 2025. Mr Dacha seeks to be paid from an earlier date.
2. Mr Dacha became incapacitated for work on 30 May 2025. Mr Dacha lodged an online claim for jobseeker payment on 3 September 2025.
3. On 13 September 2025, a Centrelink employee decided to grant Mr Dacha jobseeker payment from 28 August 2025.
4. On 17 September 2025, Mr Dacha requested a review of the Centrelink decision to grant jobseeker payment from 28 August 2025, seeking the payment to be backdated.
5. On 25 September 2025, an authorised review officer changed the decision and granted Mr Dacha jobseeker payment from 13 August 2025 on the basis that Mr Dacha satisfied the backdating criteria for an incapacitated claimant, and therefore his start date may be backdated for up to 4 weeks prior to the date of claim submission, as Mr Dacha's medical condition was the sole or principal reason for the delay in lodgement of his claim.
6. On 13 October 2025, Mr Dacha applied to the Administrative Review Tribunal (the Tribunal) for an independent review of the authorised review officer's decision.
7. A hearing was conducted on 16 January 2026, at which Mr Dacha provided oral evidence under affirmation by MS Teams. The Tribunal had before it documents provided by Centrelink from Mr Dacha's computer and paper file (87 pages), which had been copied to Mr Dacha before the hearing.
8. Post hearing Mr Dacha provided further information including a Centrelink letter dated 21 August 2025.

1. The statutory provisions relevant to this review are governed by the Social Security Act 1991 (the Act) and the Social Security (Administration) Act 1999 (the Administration Act). The Tribunal is bound to apply the provisions set out in the legislation.
2. The issue which arises in this case is whether Mr Dacha is entitled to be paid jobseeker payment prior to 13 August 2025.
3. This will require the Tribunal to consider when Mr Dacha is deemed to have claimed jobseeker payment, and whether the ordinary waiting period (OWP) can be reduced or waived.

Issue 1: Is Mr Dacha entitled to be paid jobseeker payment prior to 13 August 2025?

1. Subsection 11(1) of the Administration Act states the general rule that a person who wants to be granted a social security payment must make a claim for payment.
2. Sections 16 and 41 of the Administration Act provide that a claim is made by lodging a written claim or by another approved manner, and a social security payment becomes payable on the person's start day unless another provision of social security law provides otherwise.
3. Subclause 3(1) of Schedule 2 to the Administration Act states that if a person is qualified for a payment on the day on which the claim is made, the start day will be the day the claim is made.
4. Section 13 of the Administration Act states that where a person contacts Centrelink about a claim for payment and on that day the person is included in a class of persons determined in an instrument under section 14A of the Administration Act and the person is qualified for the payment, the person will be taken as having made a claim on the day of his or her contact provided the written claim is lodged within 14 days, but not more than 13 weeks of the day of contact.
5. Section 5 of the Social Security (Administration) (Class of persons - Intent to Claim) Determination 2018 (the Determination) describes who is in a 'class of persons' to which section 13 of the Administration Act would apply, including the following:
   • is experiencing domestic or family violence,
   • is homeless,
   • is hospitalised or suffering from a temporary incapacity arising from a medical condition,
   • was released from prison or psychiatric confinement,
   • is experiencing high stress associated with a relationship separation,
   • is a parent of a dependent child born during the relevant period,
   • is affected by the death during the relevant period of an immediate family member,
   • is a person who entered Australia during the relevant period as a humanitarian entrant to Australia,
   • is a person whose usual place of residence is in a remote area, and the person is physically present in the remote area,
   • is a person whose principal place of residence was lost or sustained major damage during the relevant period as a result of an extreme circumstance, or
   • is subject to other special circumstances beyond the person's control.
6. There are further specific provisions relating to persons whose capacity to lodge a claim is affected by a medical condition, or circumstances related to that medical condition had a significant adverse effect on the person's ability to lodge the claim earlier (subsection 13(2) of the Administration Act) or due to special circumstances it was not reasonably practicable for the person to lodge the claim earlier (subsection 13(3A) of the Administration Act).
7. The effect of subsections 13(2) and 13(3A) of the Administration Act is that, subject to a number of other requirements, a person may lodge a claim more than 14 days, but not more than 13 weeks, after the Department is contacted regarding an intention to claim a social security payment if the Secretary is satisfied that a medical condition or due to special circumstances, it was not reasonably practicable for the person to lodge the claim earlier.
8. As to whether the start day is to be backdated because of incapacity, clause 11 of Schedule 2 provides:

(a) a person becomes incapacitated for work as a result of a medical condition; and

(b) the person makes a claim for a benefit or pension within 5 weeks after the day on which the incapacity begins; and

(c) the person continues to suffer the medical condition from the day on which the incapacity begins until the claim is made;

the person's start day in relation to the benefit or pension is the first day on which the person was qualified for the benefit or pension in the period starting on the day on which the incapacity began and ending on the day on which the claim was made.

(a) a person becomes incapacitated for work as a result of a medical condition; and

(b) the person makes a claim for a benefit or pension more than 5 weeks after the day on which the incapacity begins; and

(i) the person has continued to suffer the medical condition from the day on which the incapacity began until the claim was made; and

(ii) the medical condition was the sole or principal cause of the person's failure to make the claim within 5 weeks after the day on which the incapacity began;

the person's start day in relation to the pension or benefit is the first day on which the person was qualified for the benefit or pension in the period of 4 weeks ending immediately before the day on which the claim was made.

1. The authorised review officer referred to Centrelink policy OB 106-05010030 - Calculating the start day for an incapacitated customer, which states:

Incapacitated customers claiming payment may have the start day for payment backdated in certain circumstances if they have been incapacitated continuously from the day they became incapacitated for work to the day they make the claim.

It is the customer's responsibility to make a claim in a timely manner. It is reasonable to expect them to instruct a friend or relative to inquire about eligibility for payments or services or to make a claim on their behalf unless the nature of their incapacity prevents them from doing so. For example, the customer's ability to manage everyday affairs is substantially limited by traumatic illness.

Application of backdated start day rules for incapacitated customers depends on whether the customer claims payment within 5 weeks of becoming incapacitated for work.

A person claiming payment within 5 weeks of their date of incapacity can have their payment backdated to the first day they were qualified for the payment after the day they became incapacitated for work.

A person claiming payment more than 5 weeks after their date of incapacity can have their payment backdated to the first day they were qualified within the 4 week period before lodging the claim if their medical condition was the sole or principal cause of their failure to make the claim. If there is more than one possible cause for the delay it is necessary to establish the main cause. It must be considered whether:

• the medical condition prevented the customer from lodging a claim, and
• the customer had control of their personal affairs and was capable either of making a claim or instructing others to make a claim on their behalf

1. Mr Dacha gave evidence, accepted by the Tribunal, that his sister (and nominee) called Centrelink before lodging the claim, to ask about claiming Centrelink payments, such as 'a disability claim', given his [body part] injury, or 'an unemployment claim' as he was unable to work (due to his injury). He stated this was four or five weeks before his jobseeker payment claim was lodged (on 3 September 2025). Mr Dacha's sister was approved as Mr Dacha's nominee and Mr Dacha provided a Centrelink letter dated 21 August 2025, advising that his request that his sister, [Ms A], act on his behalf as a nominee was approved. [Ms A] is now Mr Dacha's correspondence nominee and the arrangement will stay in place until it is cancelled.
2. The Centrelink document records list the correspondence nominee determination of 21 August 2025, but prior records of contact to seek the nominee arrangement were not provided. The 'JSP start date calculator' screen refers to claim dates of 21 August 2025 and 6 August 2025. This suggests that an earlier contact date of 6 August 2025 was made in relation to jobseeker payment.
3. The Tribunal accepts that contact was made with Centrelink prior to 21 August 2025 by Mr Dacha's sister and nominee and written confirmation of the nominee arrangement being approved was given by Centrelink on 21 August 2025. The Tribunal accepts that the contact also related to Mr Dacha claiming a Centrelink payment, such as jobseeker payment due to his incapacity for work as a result of a medical condition. The Tribunal accepted Mr Dacha's evidence that his sister contacted Centrelink some four or five weeks prior to the claim being lodged and this aligns with the date 6 August 2025, listed on the JSP start date calculator screen. The Tribunal finds that Mr Dacha's nominee contacted Centrelink on 6 August 2025 in relation to Mr Dacha's claiming jobseeker payment, and Mr Dacha subsequently lodged an online claim for jobseeker payment on 3 September 2025
4. Medical evidence was provided in relation to Mr Dacha's medical condition and the Tribunal accepts that Mr Dacha was unfit for work due to severe laceration of multiple tendons, nerves and arteries in his [body part], which were surgically treated, and depression. The injury occurred on 30 May 2025 and resulted in Mr Dacha being hospitalised for three months spending four weeks in the medical ward at [Hospital] and eight weeks in the psychiatry ward at the [Health Service]. Mr Dacha gave evidence that surgery repaired his severed tendons and nerves, and recovery is a slow process and includes plastics (plastic surgery) follow-up and [body part] therapy as well as psychological and psychiatric care; while he has seen progress, he has yet to regain fine motor skills. Mr Dacha expects his recovery to be slow and it will be a "long haul" for him.
5. Based on the medical evidence, the Tribunal accepts that Mr Dacha was incapacitated for work from 30 May 2025, and due to his medical conditions, including both physical and mental health, Mr Dacha was not in a fit state, physically or mentally, to lodge a claim for jobseeker payment prior to 3 September 2025. Mr Dacha gave evidence that no one at the hospital spoke to him about Centrelink payments and his judgement and capacity to organise a Centrelink claim was impaired. He was provided with psychiatric care and also saw a psychologist, but a social worker was not involved in his care. Mr Dacha told the Tribunal he had not been on Centrelink payments previously and was unaware about the Centrelink system. Mr Dacha gave clear and consistent evidence that his sister made contact with Centrelink on his behalf to inquire about income support payments and becoming his nominee, approximately four or five weeks prior to the claim being lodged.
6. The Tribunal accepts, as does the authorised review officer, that Mr Dacha meets the class of persons described under section 5 of the Determination as a person who was hospitalised or suffering from a temporary incapacity arising from a medical condition during the relevant period.
7. The Tribunal has found that Mr Dacha has been incapacitated for work from 30 May 2025, and he lodged a claim for jobseeker payment on 3 September 2025, after having contacted Centrelink in relation to claiming jobseeker payment on 6 August 2025. Therefore, Mr Dacha's claim for jobseeker payment was more than 14 days of his contact (on 6 August 2025) but not more than 13 weeks after his contact, and more than 5 weeks after his incapacity.
8. In accordance with subsection 13(2) of the Administration Act, the Tribunal has determined that Mr Dacha's application for jobseeker payment is taken to have been made on 6 August 2025 and he was qualified for the payment from that date.
9. The Tribunal is satisfied that all the requirements of subsection 13(2) are met, including that the applicant is in a "class of persons" under section 14A of the Administration Act, Mr Dacha's claim is deemed to have been made on the date of contact, being 6 August 2025.
10. Under the start date provisions in Schedule 2, the general rule in clause 3 of Part 2, the start date of jobseeker payment is the date the claim was made, that is, 6 August 2025.
11. Part 3 of Schedule 2 further provides for a backdated start date in certain circumstances such as when a claimant is incapacitated. In this case subclause 11(2) of Part 3 is the relevant clause, and provides that if a person becomes incapacitated for work and makes a claim (the deemed claim on 6 August 2025) more than 5 weeks after the incapacity (and the incapacity is the sole or principal cause of the failure to make an earlier claim), the start date for the claim is taken to be the day "4 weeks ending immediately before the day on which the claim was made", which in Mr Dacha's case is 9 July 2025.

Issue 2: Can the waiting period be reduced or waived?

1. Section 620 of the Act provides an ordinary waiting period applies to a person unless they received an income support payment in the 13 weeks prior to their start day or the decision-maker is satisfied that the person is experiencing a personal financial crisis.
2. Mr Dacha does not claim that he was previously in receipt of income support payments.
3. The ordinary waiting period can be reduced or waived if Mr Dacha is in severe financial hardship due to unavoidable and reasonable expenditure and the value of his remaining assets is less than the maximum fortnightly rate of jobseeker payment (see subsections 19C(2) and (4) of the Act).
4. So far as is relevant to Mr Dacha's case, section 19DA of the Act defines when a person is taken to be experiencing a personal financial crisis. This applies when the person is in severe financial hardship and the person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure in the 4 weeks immediately before the person's start day.
5. The terms "severe financial hardship" and "unavoidable" or "reasonable expenditure" are defined in section 19C of the Act. In summary, a person will be regarded as being in severe financial hardship only if the value of their liquid assets is less than the fortnightly amount of the maximum payment rate of the payment or allowance that would otherwise be payable to the person. This means that Mr Dacha can only be regarded as being in severe financial hardship if the value of his liquid assets is less than the fortnightly amount of the maximum jobseeker payment rate that would otherwise have been payable to him.
6. Mr Dacha gave evidence that prior to his injury he worked as a sole trader in the [work sector] undertaking [job task] work. He continues to be certified as unfit for work and this is unlikely to change in the short term. Mr Dacha gave evidence that he had minimal funds when he was hospitalised. The Tribunal accepts, that when Mr Dacha contacted Centrelink about claiming jobseeker payment, his available funds were less than the maximum rate of jobseeker payment. The Tribunal accepts that Mr Dacha experienced financial hardship attributable to unavoidable or reasonable expenditure.
7. The Tribunal is satisfied Mr Dacha was qualified at all relevant times and it is appropriate in the overall circumstances of his case to exercise the discretion to waive the 7-day ordinary waiting period which means that the start date for jobseeker payment for Mr Dacha is 9 July 2025.

The Tribunal sets aside the decision and substitutes its decision that Mr Dacha is entitled to be paid jobseeker payment from 9 July 2025.