Extreme heat is a real concern for many Australians in the lead up summer, but it is especially concerning for those most vulnerable to its effects. Research conducted by the Australian Council of Social Service (ACOSS) and the Victorian Council of Social Service (VCOSS) shows that people who live in social housing, the majority of whom are Centrelink recipients, are especially vulnerable to extreme heat.

According to an ACOSS report released earlier this year, people experiencing financial hardship and who are reliant on social security are struggling to keep their homes cool in summer and as such are suffering from heat-related illness. Alarmingly, 60 per cent of people surveyed find it increasingly difficult to pay their energy bills, with 26 per cent in or facing energy debt.

Furthermore, research by VCOSS has confirmed that six of Melbourne’s most disadvantaged local government areas are within the eight hottest areas of Melbourne. This means that if you live in a low socio-economic area, you’re more likely to also live in an area with higher urban heat.

This all echoes what Social Security Rights Victoria knows about the correlation between lower socio-economic indicators and climate disaster risk in regional areas – it’s another form of postcode injustice.

With the rising cost of living, including energy costs, many people may find themselves in financial distress this summer, either as a consequence of or exacerbated by heat-related illness. This in turn leads to an increased risk of experiencing social security legal issues.

According to disasterassist.gov.au, a “heat wave” disaster has never been declared in Australia. At the same time, the Australian NGO Sweltering Cities has observed that heat waves “cause more deaths than all other disasters combined”, and consider heatwaves to be environmental disasters.

In the absence of a disaster declaration, the social security system does not have a mechanism for activating the Disaster Payment or Disaster Allowance – payments that can be made available to people affected by other types of climate disaster such as bushfire or flood. We’re interested in hearing client stories in relation to the intersection between extreme heat and social security. If you have a story you’d like to tell us, please get in contact with us by emailing info@ssrv.org.au.

Navigating social security processes can be a complex and overwhelming task, especially for individuals trying to apply for the Disability Support Pension (DSP) or dealing with Centrelink debts. SSRV has designed and created two online tools, DSP Help and Social Security Debt Help, to assist individuals and community workers in managing these challenges more effectively.

DSP Help

‘An excellent support to navigate such a complex process’ – User of DSP Help.

In financial year 2023-2024, approximately 39,000 people across Australia visited DSP Help and interacted with the website. That’s 39,000 people who may otherwise have felt confused and lost about the DSP application process.

The DSP Help website provides invaluable support for individuals applying for the DSP. This resource offers detailed guidance on the medical eligibility requirements, which can be difficult for many applicants to understand. Community workers can use the website to help clients determine if they meet the medical criteria for the DSP. 

Additionally, the website provides helpful letter templates, making it easier for applicants to gather the necessary medical evidence for the application process. Having correct medical evidence that properly addresses the relevant legislation is essential to achieving a successful outcome. This tool ensures that the application is as complete and accurate as possible, helping to avoid delays and potential rejections.

‘The pages were easy to navigate, the language used was easy to understand when working with clients and the Information Kit at the end was a wonderful take-away’ – User of Social Security Debt Help.

Social Security Debt Help is another essential tool for community workers assisting clients who are struggling with Centrelink debts. Centrelink debts can arise for several reasons including client’s reporting errors or changes in circumstances. The Social Security Debt Help website guides both clients and workers through the process of understanding these debts and provides information on the options to address them.

The website includes practical information on managing repayments, appealing decisions, and seeking reductions or waivers in certain cases. Clients enter information about their Centrelink debt and the online tool creates an Information Kit that summarises the specific information relevant for their debt, and provides resources on where the client can seek further legal advice.

By using this tool, workers can better support their clients in addressing or resolving their Centrelink debts, reducing stress, and ensuring they are not unfairly burdened by financial obligations.

How Community Workers Can Use These Tools

Community workers play a crucial role in supporting individuals who face social security issues. Both DSP Help and Social Security Debt Help provide clear, practical information and resources that can make the difference in successfully navigating complex bureaucratic systems. By familiarising themselves with these tools, workers can assist their clients in understanding eligibility requirements, gathering appropriate documentation, and managing financial challenges more effectively.

These tools not only empower individuals but also make the process of applying for DSP or managing Centrelink debt more transparent, reducing confusion and improving the chances of successful outcomes. By incorporating these online resources into their support services, community workers can offer better guidance and ensure their clients are well-informed and supported throughout their social security journeys.

If after visiting DSP Help or Social Security Debt Help you have further questions and would like more information, you can call the SSRV Worker Help Line.

The SSRV Worker Helpline is staffed by an SSRV community lawyer throughout the week. The lawyer can give you information on the next steps to take in your client’s matter, and general guidance.

We can also book your client in for a legal advice appointment, and you are welcome to also attend the appointment as a support person if the client consents to this.

SSRV Worker Help Line 0419 793 652 or (03) 9481 0655.

Residency eligibility requirements for Centrelink payments can be very complex and technical, and they depend upon a number of things including a person’s visa subclass, their individual circumstances and the payment they are hoping to access. At SSRV, we frequently assist workers contacting our Worker Help Line to navigate these complexities and ensure vulnerable clients do not miss out on payments they may be eligible for.

Tom*, a financial counsellor, was assisting his client, Susan*, who initially came to Australia from Ukraine on a temporary visitor visa (subclass 600) to be with her partner Graeme.

Shortly after they married, Graeme had a car accident and sustained significant injuries. Due to his injuries, Graeme requires full-time care. Susan became his carer and subsequently applied for a permanent carer visa (subclass 836).

However, at the time Tom contacted SSRV’s Worker Help Line, Susan’s visa application was pending a decision, and she was on a Bridging Visa A (subclass 010). Without Susan’s care Graeme would have been unable to return home to live.

Because Susan was now caring full time for Graeme, she was unable to work. She approached Centrelink for assistance and was told she would not be eligible for any Centrelink payments as she did not meet the residency requirements.

Meanwhile, Graeme was receiving Disability Support Pension at the partner rate of payment. This was their only source of income and they had no savings or assets.

Tom contacted SSRV’s Worker Help Line seeking guidance on whether there is any Centrelink payment Susan could access given her caring responsibilities and the financial hardship they were experiencing trying to meet their daily living expenses on the partner rate of Disability Support Pension.

The SSRV lawyer provided Tom with information about the general residency requirements for Centrelink payments and explained that a Bridging Visa A (subclass 010) is a temporary visa and does not meet the residency requirements. This meant that while on this visa, Susan would not be eligible for any payment. 

However, the SSRV lawyer suggested that once Susan’s carer visa subclass 836 was granted she should immediately apply for Carer Payment as this was a permanent visa which meets the general residency requirements and this particular visa is exempt from having to serve the Newly Arrived Resident’s Waiting Period (NARWP). 

In the meantime, the SSRV lawyer recommended that Susan’s husband, Graeme, ask Centrelink to pay him the single rate of Disability Support Pension under section 24 of the Social Security Act 1991 which provides Centrelink a discretion based on there being a special reason to pay someone the single rate of payment even if they are partnered. The SSRV lawyer explained that if Centrelink agreed to this, then Graeme’s rate of payment would go up until Susan’s permanent carer visa was granted which may assist to alleviate some of the financial hardship they were experiencing. 

The SSRV lawyer talked Tom through the factors Centrelink consider when deciding whether to pay someone under Section 24 of the Social Security Act 1991 so that Susan and Graeme would know what relevant information they need to provide Centrelink with their request.

If you are a worker assisting a client with a Centrelink issue and need expert advice, find out how SSRV’s Worker Help Line can assist you.

*Names have been changed.

Last year, Social Security Rights Victoria (SSRV) and Economic Justice Australia (EJA), provided a joint policy brief to the Department of Social Services, which resulted in an amendment being made to the member of a couple provisions. We wrote about these changes in our last newsletter, and you can read it here.

In addition to the member of a couple changes, the Social Security Guide has also been amended to include natural disasters as an example of ‘special circumstances’ for the purpose of debt waiver.

While JobSeeker Payment mutual obligation exemptions already existed for job seekers affected by natural disasters, for the purpose of seeking a debt waiver the Guide did not previously direct decision-makers to consider the impact of natural disasters.

SSRV advocated for this inclusion in the Social Security Guide after seeing numerous clients struggle to have their decision-maker consider the impacts of natural disasters as a special circumstance. 

As we know, the impact of natural disasters on individuals can be vast, and can entirely change their personal and financial situation. The impact of a natural disaster can significantly impact an individual’s ability to repay a Centrelink debt, as well as raise the question whether it is fair and just for the individual to repay a Centrelink debt. 

This inclusion in the Guide is a welcome change. SSRV hopes that this inclusion will assist individuals, advocates and decision-makers to have the impacts of natural disasters considered when a disaster-affected individual seeks review of a Centrelink debt.  

SSRV and EJA continue work towards work further disaster-related reform objectives and will keep readers informed of our progress.

The Bureau of Meteorology predicts that Australia is set to experience one of the hottest summers on record over the summer of 2024-2025. Not only are temperatures expected to soar, resulting in an increased risk of bushfires in bushfire-prone areas, but an increase in atmospheric moisture levels is expected to result in frequent storm outbreaks and above average rainfall, which when coupled with high levels of soil moisture, increases the risk of flooding.

At SSRV we know that socio-economic indicators are lower in regional or remote areas, that people in these areas are at greater risk of being affected by climate-induced disasters, and that there is therefore a higher risk of social security legal issues emerging in regional and remote areas of Victoria.

Within this group, children and young people are particularly vulnerable. They generally lack the financial autonomy of adults, and they may lack the necessary resources to be effectively prepared for when disaster strikes.

The impacts of disasters on children and young people are far reaching, including potential impacts on mental health, educational attainment and an increased risk of homelessness. Unfortunately, these impacts can persist well into adult life.

In a 2024 report published by Deloitte on the impact of disasters on children and young people, it was estimated that 4.2 per cent of Australian children are less likely to finish Year 12 due to the impact of disaster.

Lower educational attainment increases the likelihood of social security dependence, and the potential for social security legal issues later in life. This is a compelling example of what we mean when we talk about the indirect relationship between disasters and social security legal risk.

The United Nations International Day for Disaster Risk Reduction is 13 October. This year, the theme is ‘empowering the next generation for a resilient future’ and the focus is on the role of education in protecting and empowering children and young people to become disaster aware and prepared.

Social Security Rights Victoria supports any initiative designed to assist children and young people to achieve their potential as future changemakers and advocates for disaster preparedness and response. Read more about SSRV’s disaster preparedness project here.

It’s common for people who unexpectedly receive a Centrelink debt notice to experience anger, disbelief, and fear. Most people who incur a Centrelink debt do so unknowingly, and it is possible to appeal the decision, but there’s some things you should consider first.

What will the decision-maker consider?

When reviewing a Centrelink debt, the decision-maker will usually consider:

• Whether you have been overpaid and whether the debt amount is accurate.

• If recovery of the debt should be ‘written off’ for a period of time.

• If recovery of the debt should be waived.

• Whether the debt has been caused by fraud and should be investigated further.

Not all of these things will be relevant to every debt, and in for some debts there may be other things the decision-maker needs to consider. An example of this is member of a couple debts, or debts related to the percentage of care of children.

Why might a decision-maker decide I wasn’t overpaid?

Centrelink calculates payments and debts using the information available to them. A debt based on wrong or incomplete information may be calculated incorrectly. If you correct the information, Centrelink may decide you were not overpaid after all, that your debt amount should change, or that your debt amount should increase.

Example 1: Centrelink receives information about your income. They use this to recalculate how much you should have been paid, and they find that you have been paid too much. They ask you to repay a debt.

You may be able to challenge this kind of debt by giving more accurate or up to date information about your income (such as payslips). Centrelink may recalculate how much you should have been paid. This may mean the debt is recalculated to $0. It could also mean that your debt is recalculated to a higher amount, or to the same amount originally thought.

Example 2: Centrelink receives information about your past study arrangements. They find you were not eligible for a student payment you received because you weren’t undertaking full-time study. They ask you to repay a debt.

You may be able to challenge this kind of debt by giving Centrelink more accurate or up to date information about your study (such as records from your school, TAFE or university). Centrelink may recalculate how much you should have been paid. This may mean the debt is recalculated to $0. It could also mean that your debt is recalculated to a higher amount, or to the same amount originally thought.

The decision-maker may waive recovery of a debt if there are ‘special circumstances’

Special circumstances mean the situation is unusual, uncommon, or exceptional, and this makes it unfair for Centrelink to ask you to repay the money.
 
Some circumstances you may wish to raise for Centrelink to consider are:

• Family violence.

• Mental, physical and other health issues.

• Disability.

• Financial hardship.

• Homelessness or insecure housing.

• Language and literacy barriers.

• Substance misuse issues.

• Imprisonment.

• Family instability.

• Refugee and migrant status, and reasons for fleeing/migrating such as civil unrest, violence, and persecution.

• Child protection involvement.

• Impacts of a disaster.

• Difficulty engaging with Centrelink and their systems.

• Entitlement to another Centrelink payment (this is referred to as ‘notional entitlement’).

• Centrelink mistakes (these may also contribute to special circumstances, even if the administrative error waiver doesn’t apply).

• Any other factors that make your situation unusual, uncommon, or exceptional.

Financial hardship can be a special circumstance, and you will usually need to be experiencing financial hardship before Centrelink will waive a debt. However, it can’t be the only special circumstance.
 
The special circumstances waiver is not available where the debt was caused by someone ‘knowingly’ misleading Centrelink or failing to comply with social security legislation. This means if you or someone else gave Centrelink information knowing it was wrong, or didn’t give Centrelink information knowing the information was required, you might not be able to have your debt waived under these rules.

You may be able to explain to Centrelink what you knew at the time, or why you thought the information you gave was right. However, providing new information to Centrelink has risks. This is because Centrelink may use the information in a way you don’t expect, such as to raise a further debt, increase the debt amount, or for a fraud investigation.

Are there risks with seeking a review?

1: Risk of fraud investigation and prosecution

If Centrelink believes a debt was caused by fraud – that is, they think you deliberately lied in order to gain a benefit – they may investigate you. This could lead to criminal charges against you. It is possible to receive a prison sentence if you are convicted of fraud.

You should be aware that any information and evidence you give Centrelink can be used against you.

2: Risk of the amount you owe increasing

Challenging a Centrelink debt involves a decision-maker looking closely at your situation and the circumstances of your debt. They may discover errors in how the debt was calculated. They may recalculate the debt and find you owe more money than originally thought. If this happens, the decision-maker will likely change the decision and ask you to repay more money.

If you have been issued with a Centrelink debt and are considering seeking review of the debt, your first step should be to visit SSRV’s Social Security Debt Help website. 

Social Security Debt Help helps people with a Centrelink debt, or those supporting them, understand what might have gone wrong, what their options are, and where they can get help. Using the Self Help Tool, you can simply enter information about your situation and in response you are given a kit. This kit includes important information for you to consider, and questions you can ask a lawyer, financial counsellor or support person, to help you obtain advice tailored to your circumstances. This kit includes important information for you to consider, and questions you can ask a lawyer, financial counsellor or support person, to help you obtain advice tailored to your circumstances.

In mid-October SSRV team members participated in the inaugural Community Legal Centre (CLC) Expo in Queen’s Hall at Parliament House.

Organised by the Federation of Community Legal Centres, the three-day event was a great opportunity for CLCs from all over Victoria to meet with some of our 128 members of the Victorian Parliament.

The hallowed environment became festooned with trestle tables, banners, brochures and lollies.  At 1pm on the Day 2 a stand up lunch was held featuring speeches from the Federation of Community Legal Centres CEO Louisa Gibbs, Attorney General The Hon. Jaclyn Symes, Shadow Attorney General The Hon. Michael O’Brien, Greens Justice spokesperson Katherine Copsey and The Hon. Maree Edwards, Speaker of the Legislative Assembly.

SSRV staff met with several MPs during the course of the Expo including Shadow Attorney General The Hon. Michael O’Brien, Minister for Corrections the Hon. Enver Erdogan and Mr Lee Tarlamis, Government Whip in the Legislative Council.

There were also many opportunities to network with our CLC colleagues, of whom over 100 were in attendance at any given time, talking about the work of SSRV. We congratulate our colleagues at Federation of Community Legal Centres for a brilliantly executed event.

This month, SSRV attended the Financial Counselling Victoria (FCVic) Conference from 11-12 October hosted at the Pullman hotel in Albert Park.

It was a welcome opportunity to meet and engage with the financial counselling sector in person, and to strengthen the connection and partnership between FCVic and SSRV.

Our experience tells us that working with Victorian financial counsellors improves the quality of our legal service and short and long-term client outcomes through providing a holistic, wrap around service.

During the conference we enjoyed speaking with many of the other attendees, which included financial counsellors, financial capability workers social and health workers, educators, advocates, and other lawyers. Many rich and interesting conversations took place beneath the sparkling chandeliers in the Grand Ballroom of the Pullman Albert Park as we discussed common issues and concerns.

The theme of ‘Fearless and Forthright” highlighted the approach conference participants bring to their client-centred work. This commitment to being ‘fearless and forthright’ was evident through the many sessions and break-out rooms we were fortunate to attend. We were inspired by speakers Shazia Syed, and Manasi Wagh from Women’s Health in the North, as well as Deb Shroot from FCA, and Amy Ferguson from Uniting who offered their insight and wisdom on their respective topics of financial capability and neurodivergence.

Thank you to everyone who stopped by our stall to speak with us, pick us some service postcards, eat some lollies, and provide us with valuable feedback on our Social Security Debt Help [LINK] website’s self-help tool! Each person who submitted feedback forms during the Conference went into the draw for the chance to win one of two $50.00 EFTPOS cards. Congratulations to the winners!

We look forward to working closely with our financial counselling colleagues in the future through our Worker Helpline and for further opportunities for cross-sector collaboration.

On 16 September 2024, SSRV was thrilled to launch its new Disability Support Pension advice clinic established through a pro bono partnership with Hall & Wilcox.

The clinic increases SSRV’s capacity to provide vulnerable Victorians with specialist advice helping them understand their eligibility for Disability Support Pension (DSP).

Inquiries regarding DSP eligibility, application processes/evidence requirements and appeals are one of the most common issues about which people approach SSRV. Along with the DSP Help website*, SSRV sees the clinic as a further innovative approach and critical aspect of increasing access to justice for Victorians engaging with a complex social security system. Our aim is that Victorians living with disability are well-supported to navigate the DSP application process.

Nathan Kennedy, Hall & Wilcox Partner and Head of Pro Bono and Community, further highlights the importance of the DSP clinic “Everyone has a right to social security. It is particularly important to persons with disability who may be prevented from engaging in employment. Social security ensures their independence and access to food and shelter and a standard of living ensuring a life with dignity. A key focus area of Hall & Wilcox’s pro bono practice for the past 8 years has been to assist persons with disability. We are thrilled to be able to partner with SSRV to increase their capacity to assist persons with disability access the social security to which they are entitled.”

Through the clinic, a DSP applicant will receive:

• A one-hour advice appointment with an SSRV volunteer lawyer to talk through their individual circumstances.
• A follow up letter or email outlining our advice and next steps to take.
• Where appropriate, a letter to a treating medical practitioner outlining the medical evidence needed to support a DSP application.

To take advantage of an appointment through the clinic, contact our Legal Assistance Line on 03 9481 0355.  The Legal Assistance Line operates Monday – Thursday between 10am and 4pm.

Workers looking to warm refer a client can contact our Worker Helpline on 03 9481 0655.  Our Worker Helpline operates Monday – Friday from 9am to 5pm.

*Funded by the Victorian Legal Services Board Grants Program

At SSRV, our lawyers advocate for people at all stages of the review process, including internal reviews within Centrelink by an Authorised Review Officer. Here’s how SSRV supported two clients to achieve a successful outcome at the internal review stage. 

An Authorised Review Officer (ARO) works independently and is not bound by the previous decision made by Centrelink. In their review, the ARO can consider new materials and evidence to either agree with Centrelink’s original decision or set it aside and make a new decision.

These two stories demonstrate the positive impact and tangible difference that our legal service provides to members of our community, and show that by assisting clients at the internal review stage, how we help them to achieve a positive outcome early and avoid protracted legal proceedings.

Helping People Access Centrelink Payments

Daniel immigrated to Australia and was living in Australia on a permanent visa, which qualified him for Centrelink payments. However, before accessing payments he had to firstly serve a four-year waiting period, known as the ‘Newly Arrived Resident’s Waiting Period.’

Daniel was married and had a child. After immigrating to Australia, he and his wife learnt that they were expecting triplets. They were excited but also very concerned about how they would financially support three newborns whilst already experiencing financial hardship.

After the triplets were born, the family fell into severe financial hardship. Daniel had been working in his home country and was completing the necessary requirements to have his education recognised in Australia. The casual work he was able to find was very sporadic, and he did not have regular income. The family was receiving Family Tax Benefit, and his wife was receiving Parenting Payment, but this was not enough income to support their household. They could not afford a private rental and were homeless for a period. When they contacted SSRV, the family were living in temporary community housing.

Daniel had applied for both JobSeeker and Special Benefit payments, but both of his applications were rejected, on the basis that he had not completed the required four-year waiting period. He tried to explain his circumstances to Centrelink and was told to reapply in 2027. 

The SSRV lawyer explained to Daniel that he had the right to seek an internal review of Centrelink’s original decision to reject his application for Special Benefit. The SSRV lawyer explained that in some circumstances, Centrelink can exempt an individual from serving the Newly Arrived Resident’s Waiting Period. For example, if Daniel could demonstrate that he had experienced a substantial change in circumstance beyond his control after arriving in Australia, he would be exempt from the waiting period. The SSRV lawyer explained that to be successful, Daniel would need to demonstrate that:

· The change in circumstances is substantial and beyond his control and occurred after arrival in Australia and, 

· He is in financial hardship and are able to satisfy the available funds test and, 

· He have attempted to obtain a sufficient livelihood, and

· His available funds or support options were depleted because of the change in circumstances.

The SSRV lawyer supported Daniel to write a statement that explained his substantial change in circumstances. The SSRV lawyer drafted submissions to accompany his statement, and helped Daniel to lodge an application for an internal review by Authorised Review Officer of Centrelink’s decision to reject his application for Special Benefit. 

The review was successful. Daniel began to receive Special Benefit payment and he was back paid from the date that he originally applied.  Accessing Special Benefit payment helps him to financially support his young family, attend to his studies and save money to try to access permanent and stable housing.

Helping People to Seek a Review of a Centrelink Debt

Sarah is a victim/survivor of family violence. Her ex-partner had perpetrated violence towards her throughout their relationship, including coercive and financial control.

After applying for a Centrelink advance payment, Sarah’s ex-partner withheld it from her and paid her a small ‘allowance’. He refused to give her any more money when she asked, and eventually stopped paying her any amount.

Sarah’s Centrelink payments were eventually cut off and Centrelink raised a debt against her to recover the unpaid advances owing to them. Sarah contacted SSRV for advice.

The SSRV lawyer explained to Sarah that she had the right to seek a review of Centrelink’s original decision to raise a debt against her. The SSRV lawyer supported Sarah to write a written statement that detailed the family violence that had occurred. The SSRV lawyer then wrote legal submissions and assisted Sarah to apply for an internal review of the debt by an Authorised Review Officer.

After reviewing Sarah’s statement and SSRV’s legal submissions, the ARO was satisfied that ‘Special Circumstances’ existed to justify the whole debt being waived. This means that Centrelink will stop recovering the debt from Sarah, and she is not required to repay the outstanding amount. Additionally, the ARO decided to refund to Sarah all earlier repayments that she had paid towards the debt.

After leaving the relationship, Sarah lived in a family violence refuge for a period and continues to build a life free from violence.  Having the debt waived and the repayments refunded to her will assist her to recover from the financial abuse perpetrated towards her and avoid her vulnerabilities and financial hardship from becoming further entrenched.

*Names have been changed for the safety and privacy of people mentioned in this story.