u/DecentQuantity8524

MSD gave me incorrect advice, Now they are refusing to backpay my TAS over "no notes". Seeking advice on my Review of Decision (ROD).

I’m a 21-year-old on a benefit, doing this without much family support. Late last year, I got a new vehicle loan ($66.05/week). I declared this to MSD in October 2025. Around December, I tried to follow up and get the loan formally added to my Temporary Additional Support (TAS).

​A staff member verbally told me: "You are not eligible for a TAS vehicle payment as that would be enabling your debt."

​Because I trusted their professional advice, I didn’t push it or upload the contract. Consequently, my TAS expired on 31 December 2025.

​The Impact:

I went 14 weeks without that extra support. I had to survive on two-minute noodles and bread. I dropped from 83.6kg to 69.7kg (almost 14kg lost) because I literally couldn't afford nutritious food. To survive, I had to take out high-interest predatory loans.

​The Catch:

In April 2026, I reapplied and uploaded the contract. They approved it immediately (proving that vehicle finance IS an allowable cost and the advice I was given in December was completely wrong).

​I asked for backpay for the 14-week gap ($800+). MSD formally declined it in writing, stating that because there are "no case notes" of that December conversation, and because I didn't provide verification at the time, they won't backdate it.

​My Action Plan:

I am not backing down. With the backing of Community Law, I am filing an urgent Review of Decision (ROD) using these legal grounds:

​The Taylor Rule: High Court precedent says an application or declaration doesn't need to be in writing; verbal declarations to staff are legally binding. Their failure to write a note is their clerical error, not mine.

​The Scoble Rule: High Court precedent says MSD has an absolute duty to proactively inquire and advise clients of their full entitlements.

​Section 318 Correction Power: The Social Security Act 2018 legally allows backdating if a delay was caused by an "error or omission" by MSD (i.e., giving me wrong advice and failing to follow up on my October declaration).

​My Questions for Reddit:

​Has anyone here successfully fought the "there are no notes on your file" excuse using the Taylor rule or similar arguments?

​How long does the internal review usually take when you threaten to take it all the way to the Benefits Review Committee (BRC) and Social Security Appeal Authority (SSAA)?

​Any tips for dealing with the internal reviewers when they inevitably call to discuss the ROD?

​Thanks in advance. Just want what I was legally entitled to so I can pay off these predatory loans and afford to eat properly again.

reddit.com
u/DecentQuantity8524 — 8 days ago

MSD gave me incorrect advice, Now they are refusing to backpay my TAS over "no notes". Seeking advice on my Review of Decision (ROD).

I’m a 21-year-old on a benefit, doing this without much family support. Late last year, I got a new vehicle loan ($66.05/week). I declared this to MSD in October 2025. Around December, I tried to follow up and get the loan formally added to my Temporary Additional Support (TAS).

​A staff member verbally told me: "You are not eligible for a TAS vehicle payment as that would be enabling your debt."

​Because I trusted their professional advice, I didn’t push it or upload the contract. Consequently, my TAS expired on 31 December 2025.

​The Impact:

I went 14 weeks without that extra support. I had to survive on two-minute noodles and bread. I dropped from 83.6kg to 69.7kg (almost 14kg lost) because I literally couldn't afford nutritious food. To survive, I had to take out high-interest predatory loans.

​The Catch:

In April 2026, I reapplied and uploaded the contract. They approved it immediately (proving that vehicle finance IS an allowable cost and the advice I was given in December was completely wrong).

​I asked for backpay for the 14-week gap ($800+). MSD formally declined it in writing, stating that because there are "no case notes" of that December conversation, and because I didn't provide verification at the time, they won't backdate it.

​My Action Plan:

I am not backing down. With the backing of Community Law, I am filing an urgent Review of Decision (ROD) using these legal grounds:

​The Taylor Rule: High Court precedent says an application or declaration doesn't need to be in writing; verbal declarations to staff are legally binding. Their failure to write a note is their clerical error, not mine.

​The Scoble Rule: High Court precedent says MSD has an absolute duty to proactively inquire and advise clients of their full entitlements.

​Section 318 Correction Power: The Social Security Act 2018 legally allows backdating if a delay was caused by an "error or omission" by MSD (i.e., giving me wrong advice and failing to follow up on my October declaration).

​My Questions for Reddit:

​Has anyone here successfully fought the "there are no notes on your file" excuse using the Taylor rule or similar arguments?

​How long does the internal review usually take when you threaten to take it all the way to the Benefits Review Committee (BRC) and Social Security Appeal Authority (SSAA)?

​Any tips for dealing with the internal reviewers when they inevitably call to discuss the ROD?

​Thanks in advance. Just want what I was legally entitled to so I can pay off these predatory loans and afford to eat properly again.

reddit.com
u/DecentQuantity8524 — 8 days ago