Dear Department of Human Services,

Centrelink uses data-matching programs and when Centrelink changes its records, the client's ATO records are automatically changed. When Centrelink changes past financial year records, it will change the ATO records after a previous years Taxation return has been finalised. The client's myGov records are also adversely impacted.

The data-matching program may also change the records on the Department's Compensation Management System. This would result in lost revenue because incorrect figures are provided to law firms prior to claims being settled.

I am seeking copies of the following:

1) a document that states the name of Centrelink's data-matching program and explains the connecting relationship with other government Departments programs;

2) a User Guides (or similar instruction manual) that explains how to prevent errors from occurring;

3) all audit reports that have identified errors relating to the data-matching programs;

4) any documents the explain how to correct errors - when identified by a client. Electronic Accounts Payable files for the past payments would have the same data as shown on a client's bank statement; i.e. the actual payment. Depending on how many programs are adversely impacted, manually checking those Accounts Payable records may be the only option.

As an example of an error being created, a Disability Support Pension (DSP) claim can take some time to be approved. For those who are seeking income support while the DSP claim is being assessed, a claim for Newstart should be made at the same time as the DSP claim. The Newstart Allowance should run concurrently, until the DSP claim is assessed. Centrelink will only pay the DSP from the date of an approved application.

An error occurs when a client has been on Newstart - for a period that extends over a past financial year - and an adjustment back payment is made when the DSP is approved.

The legislation relevant is the Social Security Act 1991 (the Act), the Social Security (Administration) Act 1999 (the Administration Act), the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011 and the Social Security (Active Participation for Disability Support Pension) Determination 2014 (the 2014 Determination).

A person's health is to be assessed at the time of claim. If a person is not qualified at the date of claim but is qualified within the following 13 weeks, then Centrelink's policy is to grant the claim pursuant to a benevolent interpretation of subclause 4(1) of Schecule 2, the Administration Act.

Where a claim has been accepted, payment will usually date from when the claim was made, which date is the usual "start day" for payment (section 41 and 42 of the Administration Act).

Section 13 of the Administration Act provides circumstances in which a claim can be deemed to have been made so that some backdating of payment is possible.

Yours faithfully,

Julie Middleton

Dear FOI.LEGAL.TEAM,

In response to your letter of 20 December 2019, I am agreeable to the extended processing time of an extra 15 days with the new due date being 3 February 2020.

Please note that I do not agree to the Department providing my requested documents under administrative access arrangements and request that the Department proceed to process my request under the FOI Act.

Yours sincerely,

Julie Middleton

Dear FOI.LEGAL.TEAM,

Thank you for your letter dated 22 January 2020.

I agree to pay the charge of $25.50 as detailed in your letter. Furthermore, I authorise the department to deduct the full amount of $25.50 from the $60 held in credit - your reference number LEX 50114.

Yours sincerely,

Julie Middleton

Dear Department of Human Services,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department of Human Services's handling of my FOI request 'Compensation recovery errors caused by data-matching'.

I am seeking an internal review because I wish to obtain copies of all documents that were identified. Several pages of the 143 page PDF file are blank: 87-90 and 95-137; i.e 47 blank pages. Only 96 pages of content were provided.

All documents requested are in the public interest.

Access was refused to the following part of my request, on the basis that all reasonable steps have been taken to locate those documents and I you were satisfied they do not exist:

‘3) all audit reports that have identified errors relating to the data-matching programs’.

I do not accept that audit reports would be destroyed.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/c...

Yours faithfully,

Julie Middleton