The law about social security and family assistance can be complicated, and it often changes.
If you:
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claim a Centrelink benefit you aren't entitled to, or
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don't tell Centrelink when something changes that may affect your payments
you may have to repay any money you were not entitled to. In some cases you could also be charged with social security fraud. In this situation you will need legal advice.
What if I am in a same-sex couples relationship?
Centrelink now recognises people in a same-sex relationship. This means that all couples will be assessed the same if they are in a de facto relationship, regardless of the sexual orientation or gender of a partner.
If you get a Centrelink payment you have to tell Centrelink if you are in a de facto relationship. It may affect the amount you receive. If you do not let Centrelink know, you may have to repay any benefits you have received after 1 July 2009.
When should I get legal advice about social security matters?
Some cases where you should get legal advice are:
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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. If you go to an interview, Centrelink can make a record of what you say and can use it in court later.
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You have been charged with an offence.
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Overpayment.
If you have received notice from Centrelink or the Family Assistance Office that you have an overpayment and you disagree with it.
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Appeals.
If you disagree with a decision of Centrelink and wish to know the procedures for appealing decisions made by Centrelink or the Family Assistance Office or the Child Support Agency. Sometimes you will have to start your appeal within 13 weeks.
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Disability support pension.
You have been refused a disability support pension or your current disability support pension has been decreased or stopped.
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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.
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You feel intimidated by a Centrelink employee.
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You have been charged with social security fraud.
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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.
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You have received a letter from Centrelink or the Family Assistance Office and you don't understand it.
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You have been refused a benefit you believe you are entitled to.
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You have been refused payment of a special benefit.
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You disagree with a waiting period.
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Your payments have been suspended or stopped and you do not understand why.
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Your payments have been stopped or decreased and you disagree.
If you are contacted by Centrelink because you have been overpaid, to review your entitlements or about any other issue, it's important to get legal advice before you make any statements or answer any questions.
What if a have a complaint 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
- talking with a Centrelink Customer Service Adviser at any Centrelink office
- by phoning the Centrelink Customer Relations Line on 1800 050 004 or TTY 1800 000 567
- by writing to (no postage stamp required) the 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.
What if I have a complaint about a Job Services Australia employment service provider?
Job Services Australia providers are organisations contracted by the Australian Government to provide employment services.
If you have a complaint about the employment service you have received you can :
If you have raised a complaint with DEEWR and are not satisfied with the way DEEWR has dealt with it, you may make a complaint to the Commonwealth Ombudsman's office.
Where can I get more information?
Last reviewed: 04/01/2012