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

The Administrative Appeals Tribunal (AAT) considered an application for an extension of time to seek review of a decision by the Department of Social Services. The applicant, referred to as "Box," sought to avoid the seven-day waiting period for the Newstart allowance. The core of the dispute was whether the applicant was experiencing severe financial hardship, a condition that could potentially exempt him from this waiting period.

The Tribunal was required to determine whether to grant an extension of time for the applicant to lodge his application for review. This determination hinged on whether the applicant's proposed application for review had a reasonable prospect of success. Specifically, the Tribunal had to assess whether the applicant's circumstances met the statutory definition of severe financial hardship as provided in section 19C of the *Social Security Act 1991* (Cth).

The Senior Member, N A Manetta SM, reasoned that while the applicant disputed the finding that he was not in severe financial hardship, he did not dispute the applicability of the statutory definition. The Tribunal found that the applicant's circumstances, as presented, did not satisfy the criteria for severe financial hardship under section 19C. Consequently, the Tribunal concluded that an application for review of the Department's decision would have no chance of success.

Accordingly, the Tribunal refused the application for an extension of time.