Arsenin and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Mr Arsenin against a decision of the Secretary of the Department of Social Services regarding a preclusion period applicable to his entitlement to an age pension. The appeal was heard by J F Toohey SM.

The central legal issue before the court was whether any part of the preclusion period, which prevented Mr Arsenin from receiving the age pension, should be waived due to special circumstances.

The court considered Mr Arsenin's financial situation, noting that his joint bank account with his wife had seen a significant reduction in balance over a five-month period. However, the court found that the remaining funds were sufficient to cover the duration of the preclusion period. His Honour concluded that Mr Arsenin's circumstances were not out of the ordinary and did not constitute "special circumstances" warranting a waiver of the preclusion period, particularly as some of the expenditure appeared to be on unnecessary items.

Consequently, the court affirmed the decision under review.