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

The applicant, Connor, sought to have his Jobseeker Payment (JSP) backdated to 29 March 2020. The dispute concerned whether special circumstances warranted this backdating, particularly in light of the Coronavirus Economic Response and the applicant's medical condition, which allegedly affected his ability to lodge a claim. The decision was made by Emeritus Professor P A Fairall, Senior Member.

The central legal issue before the Senior Member was whether the applicant's medical condition constituted "special circumstances" that prevented him from lodging his claim for JSP earlier, thereby justifying the backdating of his entitlement. This required an assessment of the applicant's intent to claim and the impact of his health on his capacity to formalise that intent.

The Senior Member found that the applicant was entitled to receive JSP from 29 March 2020. This decision was based on a satisfaction that the correct and preferable outcome was to set aside the previous decision. The Senior Member noted that the applicant was new to the social security system, having previously relied on private superannuation. The final orders substituted the previous decision, finding the applicant entitled to JSP from the specified date.