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

This matter concerned an application for review of a decision by the Secretary of the Department of Social Services regarding the applicant's eligibility for an age pension. The applicant, who resided in Thailand with his wife, sought to be treated as a single person for the purposes of the pension, rather than as a member of a couple. The dispute centred on whether the applicant's circumstances warranted the exercise of a discretion to treat him as not being a member of a couple.

The Administrative Appeals Tribunal was required to determine whether there was a "special reason" to justify the exercise of the discretion under section 24 of the relevant Act to treat the applicant as not being a member of a couple. This involved considering whether the applicant's financial situation and the nature of his savings in Thailand constituted circumstances that prevented him from pooling resources or enjoying the economies of shared living costs. The Tribunal also had to assess whether the applicant had provided sufficient evidence to support his claims of financial hardship.

The Tribunal found that the applicant had not demonstrated a "special reason" to justify the exercise of the discretion. While the applicant argued that his Thai savings were held solely to meet immigration requirements and were therefore not a pooled resource, the Tribunal noted the absence of corroborative evidence for his claims of financial hardship. Furthermore, the Tribunal applied the principle that financial difficulty alone is insufficient to constitute a "special reason" for exercising the discretion. The Tribunal concluded that it was not uncommon for social security recipients to experience periods where expenses exceed income. Consequently, the Tribunal affirmed the decision under review.