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

The Administrative Appeals Tribunal (AAT) considered an application for a Second Review by Balbir Singh concerning the rejection of her claim for a National Health Emergency Crisis Payment (NHECP). The respondent, the Secretary of the Department of Social Services, sought to have the application dismissed on the grounds that it had no reasonable prospect of success.

The primary legal issues before the Tribunal were whether the applicant had lodged her claim for the NHECP within the required timeframe and whether she met the financial hardship requirements stipulated by the relevant legislative instrument. The Tribunal was also required to determine if there was any utility in proceeding with a Second Review, given the applicant's circumstances.

The Tribunal found that while there was no strict legislative requirement for an NHECP claim to be made within 14 days of an isolation period, the applicant had not lodged her claim at the time she first applied for a Disability Support Pension (DSP) in October 2021. Furthermore, the Tribunal was satisfied, based on the applicant's reported assets, that she did not meet the financial hardship criteria under the Coronavirus Determination at the time of her claim. Consequently, the Tribunal concluded that there was no prospect of favourable relief being available to the applicant, rendering a Second Review without utility.

The application for Second Review was dismissed under section 42B(1) of the Administrative Appeals Tribunal Act 1975 (Cth) as it was determined to have no reasonable prospect of success.