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

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding a decision by the Secretary of the Department of Social Services (DSS) concerning the Respondent's eligibility for Family Tax Benefit. The core dispute revolved around whether the Respondent had made an effective claim for the benefit for the 2013-2014 financial year.

The Tribunal was required to determine whether "special circumstances" existed that would allow the Respondent to make an effective claim for Family Tax Benefit retrospectively, despite not having met the legislative requirements at the time. Specifically, the Tribunal had to consider if a combination of factors, including the Respondent's lack of knowledge of a legislative change and personal distractions, could collectively constitute special circumstances under the relevant legislation.

The Tribunal reasoned that while a combination of events could, in some circumstances, amount to special circumstances, the Respondent's lack of knowledge of legislative obligations could not be taken into account. This principle, derived from established case law, meant that even if combined with other factors such as dealing with his daughter's situation, the lack of legislative awareness could not satisfy the test for special circumstances. Consequently, the Tribunal set aside its previous decision and substituted a new decision finding that the Respondent had not made an effective claim for Family Tax Benefit for the 2013-2014 financial year.