Mr Hansen* lives with severe dementia and moved to an aged care facility in 2019. While fees for staying there were usually deducted from his bank account, when debts started accruing, no one knew why.
After his family were unsuccessful in finding out information about his age pension, we were appointed his financial manager in 2021 to assist in securing pension payments.
Immediately, we requested an internal review with Services Australia where they upheld their decision to cancel Mr Hansen’s pension in 2020. This was based on grounds that he didn’t comply with a notice to attend a phone interview.
Even though Mr Hansen’s change of address had been submitted in 2019, it wasn’t updated until two years later. This resulted in notices going to the wrong address, which led to the cancellation.
Noting the huge injustice this simple clerical error had on Mr Hansen’s life, we then appealed the decision again, this time with the Administrative Appeals Tribunal (the tribunal).
The tribunal found that Mr Hansen’s severe dementia, coupled with the clerical error was unreasonable. The tribunal noted, ‘The aged people at whom this legislation is directed are notoriously vulnerable. They may be suffering from disease or debility rendering it difficult for them to comply with even apparently straightforward requirements.’
The tribunal found Mr Hansen’s age pension should not have been cancelled and that he was entitled to arrears. Normally a person would only be paid arrears from the date the review was requested (up to a maximum of 13 weeks), but Mr Hansen was compensated as though his pension had never been cancelled resulting in one year of backpay.
“In our role as financial manager, our responsibility is to act in the best interest of our customers,” said NSW Trustee and Guardian Senior Manager Financial Services, Brendon Wild.
“Taking this matter to the tribunal was about fairness and protecting Mr Hansen’s rights, financial stability and dignity.”
NSW Trustee and Guardian can be appointed by a court or tribunal, as a last resort, to manage the finances of a person who is not able to make their own decisions due to injury, illness, or disability. We currently manage the finances of 12,500 people in NSW each year.
“It can be challenging and complex work, but our duty is always to the person we represent,” said Mr Wild.
*Names and identifying details have been changed to protect the privacy of individuals.