I have been the sole & only full time carer for my 83 year old frail & sick mother since late 2017. when applying for

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Customer: I have been the sole & only full time carer for my 83 year old frail & sick mother since late 2017. when applying for the carer payment, I wasn't informed that i could receive the carer allowance as an extra payment, untill I recently visited the local c/link office where I submitted mums bank account balance( per department request), when I was informed by the employee to go online & complete the forms for it. He advised me the payment date would start from the date of departments acceptance of the claim & not before. Why should I have been disadvantaged financially for the past 2 years when I legally should have received the carer allowance as well.What is your opinion on this matter?
JA: What state/territory are you in? It matters because laws vary by location.
Customer: South Australia since May 2018, Victoria in 2017 when initial carer payment form was lodged.
JA: What steps have you taken so far?
Customer: Gone online yesterday & applied for carers allowance, decision from department by July 7 2020.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No.
Answered by John Melis in 7 mins 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Concerning your important matter about the allowance for taking care of your mother, the issue here is, with a Centrelink actually provided you this information during the past two years.

Where you had communicated with Centrelink on this particular aspect and they had told you incorrect information, you might be able to raise a claim formally to commence an investigation into this particular situation to pursue necessary payments as owed.

However, this would be a complex process that would require certain types of evidence to prevail which means where you spoke with Centrelink on the telephone, the telephone records would need to be subpoenaed in order to bring those telephone calls forward to show that you were informed incorrectly, and that you have suffered as a result of this.

Naturally, you can prove that you have suffered a result because you're out of pocket. But the key element here would need to be, to start a case in the Australian administer tribunal, and then file for subpoenas to attain the necessary telephone records in relation to discussions you held with Centrelink by phone. If by chance you have email communication with Centrelink this would be sufficient to present your case for any back payments or misinformation that Centrelink provided to you

The key issue in your particular case is the fundamental point that you are in titled to proper compensation.

Your next step moving forward would be to review all your previous correspondence with Centrelink in this particular matter and potentially reflecting on telephone calls you have had with them. Then based on that assessment you do whether it is worthwhile pursuing this in the Australian administrative tribunal.

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
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John Melis, Expert

You are welcome, and thank you for supporting the community.

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