SOCIAL SECURITY AND FAMILY ASSISTANCE

The law about Social Security and Family Assistance can be complicated. In some cases you will need legal advice.

More information can be obtained by contacting the Legal Aid Infoline on 1300 650 579. If Legal Aid cannot help, the Infoline can give you information about where else you can go.

Some cases where you should get legal advice are:

• You are concerned about prosecution

People who receive an overpayment may in some circumstances also be prosecuted in the Criminal Courts. This can happen even if you have paid the money back.

Centrelink can use any information you give them to assist in prosecuting you.

If you are concerned about prosecution or you are invited to an interview or make a statement you should seek legal advice.

• You have been charged with an offence

• Overpayment

If you have received notice from Centrelink or the Family Assistance Office that you have an overpayment and you disagree with it.

• Appeals

You wish to know the procedures for appealing decisions made by Centrelink or the Family Assistance Office or the Child Support Agency. There is a system for appealing Centrelink decisions. Sometimes you will have to start your appeal within 13 weeks.

• Disability Support Pension

You have been refused a Disability Support Pension or your current Disability Support Pension has been decreased or stopped.

• Centrelink wants you to provide information

You have received a letter requesting that you attend an interview with Centrelink. You have been asked to provide a statement.

• You feel intimidated by a Centrelink employee

• You have been charged with Social Security Fraud

• You have received a compensation payout

If you are unable to access a Social Security benefit because of a compensation payout and you are experiencing financial hardship.

• You have received a letter from Centrelink or the Family Assistance Office and you don't understand it

• You have been refused a benefit you believe you are entitled to

• You have been refused payment of a special benefit

• You disagree with a waiting period

• Your payments have been suspended or stopped and you do not understand why

• Your payments have been stopped or decreased and you disagree

Complaints about Centrelink

Making a complaint about how Centrelink provides a service is not the same as appealing a decision that Centrelink has made about your entitlement or money that you owe them.

If you wish to make a complaint about Centrelink, you can make a complaint

• by filling in a comment card at any Centrelink Customer Service Centre or
• by phoning the Centrelink Customer Relations Line on 1800 050 004 or TTY 1800 000 567
• by writing to (no postage stamp required)
  
  
  Manager
  Centrelink Customer Relations
  Reply Paid 7788
  Canberra Business Centre ACT 2610

Other ways to complain can be found on the Centrelink website.

If Centrelink is unable to resolve a complaint to your satisfaction, it will explain why and let you know what other options you have. These options may include:

• asking for a review of your case by the person who made the original decision affecting you
• asking for review of a decision by an Authorised Review Officer (ARO)
• contacting the Commonwealth Ombudsman
• contacting your member of parliament.

Complaints about Job Provider Networks

If you wish to make a complaint about a Job Provider Network, you have the same options as listed above under heading Complaints about Centrelink.

Other sources of information about social security and family assistance payments

The following websites contain information for people receiving social security or family assistance payments:

Welfare Rights and Advocacy Service of WA - An independent community legal centre offering assistance to Centrelink benefit recipients. The site contains self-help kits and information about reviews and appeals of Centrelink decisions

Centrelink

Family Assistance Office

Department of Families, Housing, Community Services and Indigenous Affairs

Department of Education, Employment and Workplace Relations

Social Security Appeals Tribunal (SSAT) - reviews decisions made by Centrelink

Administrative Appeals Tribunal (AAT) - reviews decisions made by the SSAT and other government bodies.

Last Reviewed: August 2008