Who can help me if I have no income and need financial support?

If you need financial support in the form of a pension, benefit or allowance the government agency that can help you is Centrelink.

What is the difference between a pension, benefit and an allowance?

Pensions are long term support payments lasting for a person's lifetime or until they become ineligible. These types of payments include age pension, disability pension and carer payment.

Allowances or benefits provide short term support for people who are unable to find employment, who are unable to work because of illness or injury, or who are undergoing special hardship.

Are there any other benefits or assistance provided by the government?

Yes. Rent assistance may be available to you if you are on a low income and cannot be accommodated in public housing. You should contact Centrelink for details.

Additional pensions and benefits are available to you if you are a veteran who served in the armed forces. These types of pensions and benefits are managed by the Department of Veterans' Affairs.

Am I eligible for financial help from the government?

If you want to claim a pension, benefit or allowance, you must fit within a recognised category the government has created. You must also meet a detailed income and assets test. As tests change regularly you should always contact Centrelink for up to date information.

Do I have to tell Centrelink that I'm in a de facto relationship?

Centrelink will want to know if you are in a de facto relationship to see if you can receive a pension or benefit. Centrelink looks at the circumstances of your relationship and may ask you questions about where you live and who you live with, your financial arrangements with any person, who you socialise with, any sexual relationship you have with a person, how your friends and family see your relationship and if you have any children from that relationship. Centrelink can also find out this information by contacting neighbours, Department of Housing, real estate agents, gas and electricity suppliers, local council, or any other person they think that can provide them with details of your relationship.

If you disagree with a decision made by Centrelink about how they view your relationship, you can ask for the decision to be reviewed, and if necessary, you can appeal the decision through the Social Security Appeals Tribunal (SSAT).

I disagree with a decision made by Centrelink. What can I do?

If you disagree with a decision of Centrelink you can:

• ask for the decision and reasons for the decision in writing; then
• apply for an authorised review officer (ARO) to review your case. You should do this within 13 weeks after receiving your decision, and if you are still not satisfied;
• within 13 weeks of the ARO's decision, you can appeal to the Social Security Appeals Tribunal (SSAT); and if still not satisfied;
• within 28 days of the SSAT's decision, you can appeal to the Administrative Appeals Tribunal.

Is it important to appeal the decisions within the time limits?

Yes, you should appeal the decision within the time limit because your matter may not be heard unless there are good reasons for your delay. If you bring your appeal within the time limit your payment may be backdated if you are successful in your appeal.

This does not apply to debt cases and different time limits apply to reviews of some Family Tax Benefits. You should get legal advice about your options.

Remember that you can go and look at your Centrelink file and/or get copies of documents from your file under the Freedom of Information (FOI) Act. You can ask Centrelink for a form you can fill in for FOI, or you can write a short letter saying you want to look at your file under the FOI Act. Having a copy of some things from your file will help if you want to appeal.

If you don’t understand a decision from Centrelink, ask a lawyer for legal advice. Remember, if you see a lawyer, bring with you any letters and other written records you have from Centrelink. The Welfare Rights Centre is a place that can help.

Can I represent myself in the appeal process?

Yes you can. The appeal process is designed for people to represent themselves and information is available from Centrelink and Welfare Rights Centre.

You may also get access to your file through Freedom of Information and this may help you in any appeal.

Centrelink says I’ve been overpaid and wants to interview me – what do I do?

Get legal advice immediately. It could be just a mistake because you haven’t told Centrelink something. Or you could have been working and getting Centrelink payments when you weren’t supposed to.

Before you go to any interview, you can ask Centrelink to give you something in writing which shows all the payments made to you and how Centrelink has worked out that you have been overpaid. Centrelink may tell you they will show you that document when you come to the interview. But it is better for you to be able to have a look at everything first. You have a right to get a piece of paper showing, for each fortnight, what you have been paid and what Centrelink says you should have been paid.

Whether or not you go to an interview, if Centrelink says you owe money because you have been dishonest, you can expect to get somebody come to your door and give you a summons to go to court.

Remember that if you do go to an interview, Centrelink can make a record of what you say and can use it in court later.

I owe Centrelink money but I’ve paid it all back/am paying it back, why do I have to go to court?

If you owe Centrelink money because you have been dishonest, like not telling Centrelink you had started working, or not telling Centrelink you have a de facto partner who is working etc, then this is fraud, which is a criminal offence.

Even if you have paid all the money back, or you are paying it all back in installments, you have still broken the law.

If you get a piece of paper telling you that you have to be in court, talk to a lawyer and get legal advice immediately.

I’m going to court for owing Centrelink money (Centrelink fraud) and I’m pleading guilty - I won’t go to jail will I?

The courts treat Centrelink fraud very seriously. Whether you get a jail sentence will depend on things like:

• how much you owe
• if you went and told Centrelink or you were found out some other way
• if you’ve done it before.

If you’ve been overpaid, talk to a lawyer for legal advice before you talk to anyone else about it.