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

This matter concerned an application for a Low Income Healthcare Card (LIC) by the Applicant, who was receiving weekly workers' compensation payments. The Secretary of the Department of Social Services contended that the Applicant was ineligible for the LIC due to his income exceeding the allowable limit. The case was heard by Mr S Evans, a Member of the Tribunal.

The primary legal issues before the Tribunal were whether the Applicant met the income test for a LIC, and whether his previous receipt of a Disability Support Pension (DSP) or the nature of his workers' compensation payments entitled him to an extended qualification period or an exemption from the income test. The Tribunal was required to determine the Applicant's eligibility for a LIC from 18 January 2021, based on his income in the eight weeks preceding that date.

The Tribunal's reasoning centred on the provisions of the *Social Security Act 1991* (Cth) and the *Social Security (Administration) Act 1999* (Cth), particularly sections 1061ZO(2)(d) and 1071A-1, which outline the criteria for a LIC and the health care card income test. The income test requires a comparison between a person's ascertained income and their allowable income over an eight-week period. The Tribunal noted that for the period in question, the allowable income limit for a single person without children was $571 per week. The Applicant's confirmed weekly workers' compensation payments of $839.28 exceeded this limit. The Tribunal found that the Applicant's previous eligibility for DSP did not grant him an automatic entitlement to a LIC, nor were his workers' compensation payments exempt from the income test under the relevant provisions.

Consequently, the Tribunal affirmed the reviewable decision, finding that the Applicant did not satisfy the health care card income test and was therefore ineligible for a Low Income Healthcare Card.