How we helped change a Centrelink decision

[Banker]

How we helped change a Centrelink decision

Centrelink is a complex and frequently changing system that can be difficult to navigate. You can challenge a Centrelink decision if you think it’s wrong.

Find out how we helped Marie get her benefit restored and her debt overturned.

Marie’s story

Marie* is a single mum with four children. Three of her children have disabilities and the youngest, Sam*, also has serious medical problems.

Sam’s dad, who is separated from Marie, often stays overnight in Sam’s room to help look after him.

Centrelink decided that this meant that Marie and her ex-partner were living together as a couple. They cut Marie’s benefit in half and told her she had a debt of $80,000.

This put Marie under enormous stress and she struggled to pay bills. When she couldn’t pay school fees the school sued her and her children stopped going. When she couldn’t keep up with the rent she was threatened with eviction. Her gas and electricity suppliers told her they were going to disconnect her.

Centrelink’s decision tipped Marie’s family into crisis.

Marie asked for the decision to be reviewed by the Social Security Appeals Tribunal. She was given a hearing date and a large Centrelink file of evidence to read. That’s when she came to us.

We asked for Marie’s hearing date to be adjourned and helped her to navigate the complex legal issues and prepare her case.

We appeared at the Social Security Appeals Tribunal on Marie’s behalf and put her case forward. Marie’s benefit was restored and her debt was overturned.
How we can help you

If you’re unsure about your rights or disagree with a Centrelink decision, find out more about dealing with Centrelink and how you can get help.

*not their real names

www.legalaid.vic.gov.au/find-legal-answers/centrelink/how-we-helped-change-centrelink-decision

[Banker]

Some more info at this link.

www.legalaid.vic.gov.au/find-legal-answers/centrelink

[fedup]

That is sad,and just goes to show how a stroke of a pen can ruin lives,no empathy,no in depth enquiries, an assumption,made from someone acting like god

[Banker]

Apr 20, 2013 2:12:01 GMT 7 fedup said:

That is sad,and just goes to show how a stroke of a pen can ruin lives,no empathy,no in depth enquiries, an assumption,made from someone acting like god

SAD!!! I think it a bloody disgrace.

This type of thing has been going on for far too long, the more news that gets out about this kind of thing the sooner the Australian Government and Centrelink might just maybe get the problem fixed.

Just like this story. dspoverseas.proboards.com/thread/1056/fight-win

[fedup]

Yep I read and replied to that story before,despicable acts by despicable people,and as I stated in my reply, send the bailiffs after c/l for non payment,they sure as hell have no qualms if the situation is reversed

[Banker]

Apr 20, 2013 4:38:01 GMT 7 fedup said:

Yep I read and replied to that story before,despicable acts by despicable people,and as I stated in my reply, send the bailiffs after c/l for non payment,they sure as hell have no qualms if the situation is reversed

There are more personal stories on the web site.

www.australianpensioner.org/personalstories.html

www.australianpensioner.org/personalstories2.html

[macadamianut]

I wouldnt get help from legal aid for anything, bloody mongrels.
They wouldnt help me when I needed them unless I took out a mortgage to pay for it since I am a home owner.

[ghostbuster]

Bloody pencil pushers and desk jockeys. These people should not have the power to ruin someones life.

[latindancer]

The thing is that IF you manage to have the decision reversed, by that time your life can be in tatters, and you could be so stressed out that you might not recover completely for a long time....if at all.
In the example given, the original decision would have had to be reviewed by an ARO before it could go to the SSAT. How long were her financial and physical life and health in disarray, I wonder ?

[aussieinusa]

Exactly. I would guess that she now has black marks on her credit report from her landlord, gas and electricity suppliers for non-payment of bills. That can have effects long into the future: she might struggle to find another place to live if she has to move; have trouble getting loans even when she's working again; be refused a mobile phone or internet account...

I'm also wondering if Centrelink has to pay for the late fees, refused payment fees, reconnection costs and the like that she likely incurred when payments were suddenly cut off due to an error on their part. I would bet money on the answer being 'no', they just back-pay what they should've given her to begin with.

The system as it stands seems to put the entire cost of CL errors onto 'customers' and WR (who the government have de-funded), so the incentives are all wrong. I suspect that if the SSAT or the AAT routinely awarded damages for pain and suffering, or even to cover late fees or foreclosure costs of whatever other costs were incurred due to their mistakes, CL may take it upon themselves to make fewer of these life-destroying mistakes.

[latindancer]

Yes, THIS is one of the ways in which peoples' lives get ruined. THIS is sometimes a major factor in the downward slide.

A large part of the reason may be the selection process for Centrelink employees. If they employed more intelligent and empathic people, it would be a much better outcome for clients. Though some are ok, I have spoken
to many with the brains of gnats.

[howdo]

Sadly, once people get on this slippery slope they may never recover. I find it amazing the stats and paperwork that is involved with Centrelink. Yet when asked how many peoples payments stopped due to suicide, or how many pending appeals stopped due to suicide, they cant tell us as they have no record.

[Banker]

Apr 20, 2013 6:30:05 GMT 7 macadamianut said:

I wouldnt get help from legal aid for anything, bloody mongrels.
They wouldnt help me when I needed them unless I took out a mortgage to pay for it since I am a home owner.

I think a lot depends on where you live. The case in question was in Victoria and Legal Aid seem to be very active there against Centrelink,

[roxane]

oh well, such a typical story. But I wonder how CL found out that ex hubby stayed there at all. He must have had a different address. So how did they found out???

[Deleted]

hmmmm ok so they were not living together,well what about c/l saing your in a defacto relation ship as soon as your fiance moves in from overseas,even though she don't have a job and is not contributing any thing at all,infact she is costing you money,how about that one.nooooooo we will still put you on a married rate,and your not even ing married.