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

This matter concerned an appeal by the Applicant against a decision of the Secretary, Department of Social Services, regarding a claim for Family Tax Benefit (FTB). The central dispute revolved around whether the Applicant's claim, lodged out of time, should be accepted due to "special circumstances" that allegedly prevented its timely lodgement. The case was heard by Mr S Evans, Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether "special circumstances" existed that prevented the Applicant from lodging her FTB claim within the statutory timeframe, and if so, whether the Tribunal should exercise its discretion to allow the claim out of time. The Tribunal was required to consider whether the Applicant's personal situation, including the impact of the COVID-19 pandemic and her untreated ADHD, constituted such special circumstances.

The Tribunal reasoned that "special circumstances" are those that render the operation of the statute unfair, unintended, or unjust, taking a case out of the ordinary. The Applicant provided evidence of significant personal difficulties, including separation from her spouse, redundancy, the euthanasia of pets, job loss due to COVID-19, relocation, and the challenges of single parenting and home schooling during lockdowns. Crucially, she also presented evidence of untreated ADHD and generalised anxiety disorder, which, according to a consultant psychiatrist, would have significantly impacted her ability to concentrate and complete complex tasks, such as the 49-page FTB application. The Tribunal found that pandemic restrictions prevented the Applicant from obtaining in-person assistance from Centrelink, which she required due to her conditions. This, combined with her genuine but frustrated attempt to lodge online, created an "insurmountable block" to timely lodgement.

Consequently, the Tribunal set aside the reviewable decision and substituted it with a decision that the relevant date for lodging the FTB claim be extended to 28 October 2021, based on the existence of special circumstances. The matter was remitted to the Secretary for the calculation and payment of FTB.