Centrelink – frequently asked questions

How do I know whether I’m entitled to a pension or allowance?
What can happen if Centrelink thinks I’m receiving an allowance or benefit I shouldn’t get?
What can I do if I disagree with a Centrelink decision?
What should I do if Centrelink has told me that I’ve been overpaid and I have to repay the debt?
Why does Centrelink want to know if I am in a ‘marriage-like’ relationship?
What are my rights if I receive a home visit from a Centrelink officer?

How do I know whether I’m entitled to a pension or allowance?

The rules for Centrelink payments are very complicated. The only way to test your entitlement to any Centrelink payment is to lodge a claim with Centrelink, making sure all your information is complete and correct. Centrelink will assess your claim and advise you in writing of the result.

Pensions are long-term support payments, lasting for a person's lifetime or until they become ineligible. They include age pensions, disability pensions and carer payments.

The rate of pension that is payable is subject to an income test and an asset test. The only exception to this is people that are legally blind.

Allowances are generally meant to help people over a short-term problem with income because they are unemployed, unable to work because of illness or injury or need help to stay at school.

Centrelink payments may be made to a people in a range of situations, including:

• people who are unable to find a job
• sole parents
• parents with dependant children
• young people
• students
• widows
• people unable to work for a while because of sickness
• people with disabled children
• people caring for disabled adults
• partners of people on a pension or allowance
• people bereaved by the death of their spouse, child or someone in their care
• people who have recently moved to Australia
• people in crisis or severe hardship.

There are tests for these payments. The test is different for each type of payment. The amount you will get depends on things such as the number of children you support and whether you have any part-time work or other income or assets.

People who receive a pension or an allowance may also be eligible for rent assistance.

Centrelink – Payments

What can happen if Centrelink thinks I’m receiving an allowance or benefit I shouldn’t get?

Deliberately receiving an allowance, pension or other benefit that you know you are not entitled to or believe you are not entitled to is an offence.

It is also an offence to knowingly or ‘recklessly’ (carelessly) complete a form incorrectly, or to give false or misleading information to Centrelink. It’s important that you check that your forms are complete and accurate before you submit them.

Social security fraud is treated very seriously and you can be charged, even if you pay the money back. Being charged with social security fraud can result in a fine or even imprisonment.

Get legal advice before you speak to Centrelink.

Common types of social security fraud may involve:

• receiving the Newstart Allowance when you are working
• receiving the Newstart Allowance as a single person when you are in a de facto or domestic relationship (‘marriage-like’ relationship)
• receiving a Parenting Payment (single) when you are in a ‘marriage-like’ relationship (this payment used to be called a ‘sole parent pension’)
• continuing to receive a pension or benefit when you are no longer entitled to it
• claiming a pension or benefit in more than one name.

What can I do if I disagree with a Centrelink decision?

Contact the Victoria Legal Aid or the Welfare Rights Unit if you need help appealing a Centrelink decision.

It’s important to get legal advice if your appeal relates to a claim that you have deliberately or knowingly received payments you shouldn’t have.

If you are not happy with a Centrelink decision, first talk to the person who made the decision. If you are still unhappy, ask for a review of the decision. This is done by an authorised review officer. An authorised review officer is a more senior person in Centrelink who has had no previous involvement with your case. 

You should ask for a review of a decision within 13 weeks of being told about the original decision. This is because if the review is decided in your favour back payment can usually only be paid if the request is lodged within this 13-week period.

If there is still a problem, you can appeal to the Social Security Appeals Tribunal. You can’t appeal to the tribunal unless the decision has been reviewed by a Centrelink authorised review officer.

There are no costs for making an appeal unless you hire a lawyer, which is not usually necessary. Most people represent themselves. An interpreter can be arranged if needed.

Centrelink also has a complaints process that you can use if you are unhappy with the service you have received.

The National Welfare Rights Network website has a fact sheet about how to appeal a Centrelink decision.

Centrelink – reviews and appeals information

Centrelink – complaints

National Welfare Rights Network – fact sheets

Social Security Appeals Tribunal

Welfare Rights Unit

What should I do if Centrelink has told me that I’ve been overpaid and I have to repay the debt?

If Centrelink thinks you have been paid more than you are entitled to, or that you have deliberately or knowingly received payments you should not, you will receive a letter informing you of the debt and giving you 28 days to pay. In some cases, you could be charged interest on the amount you owe.

Always get legal advice before making any payments or speaking with Centrelink. Victoria Legal Aid or the Welfare Rights Unit can give you information and advice.

Check the details of Centrelink’s calculations carefully to make sure there hasn’t been a mistake. You may also want to request a copy of your Centrelink file to check the information on it.

If you have to repay the debt, Centrelink can:

• deduct money from your social security payment and any income you receive
• negotiate a repayment arrangement with you
• ‘garnishee’ (deduct money directly from) your wages or bank account, or your tax return
• ask a court to make an order about how the money will be repaid.

It is possible for Centrelink to ‘waive’ (cancel) or ‘write-off’ (postpone repayments for an indefinite or specific period) your debt. Get legal advice.

Welfare Rights Unit

Why does Centrelink want to know if I am in a ‘marriage-like’ relationship?

The amount of payment that you are entitled to is usually different depending on whether you are single or in a 'marriage-like' relationship.

A marriage-like relationship is a heterosexual (opposite-sex) relationship where the couple lives like husband and wife but are not legally married. If you have separated from your husband or wife or your partner but are living in the same house Centrelink may ask you to give evidence about this. 

Centrelink could send an officer to your home if you are receiving a benefit for a single person and they suspect that you may be in a marriage-like relationship.

You don't have to allow the Centrelink officer into your home or answer any questions. You have the right to be interviewed at a Centrelink office instead.

Get legal advice before any Centrelink interview.

What are my rights if I receive a home visit from a Centrelink officer?

A Centrelink officer may come to your home to:

• review your entitlements
• review your living arrangements – such as whether you are living in a ‘marriage-like’ relationship
• follow-up about an incorrect payment or an allegation of fraud (deliberately or knowingly receiving benefits you are not entitled to).

It is a good idea to get legal advice before any Centrelink interview.

If a Centrelink officer comes to your home you do not have to let them in. You can arrange to have the interview at a Centrelink office at another time.

If you receive a home visit, you also have the right to:

• know the reason for the visit – ask the Centrelink officer about any information they have received (if there has been a ‘tip-off’ they will not tell you who made it)
• tell them to leave your home immediately at any time during the interview (if you let them in)
• ask them to write down the questions for you or send them to you in a formal notice for you to answer at a later interview or in writing once you’ve had a chance to think about your answers and get legal advice
• get legal advice before writing or signing a written statement
• have another person present – including an interpreter if you need one
• be given a brochure about your rights – the brochure should include the Centrelink officer’s name and phone number.