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

This matter concerned an application for a crisis payment made by the applicant, Dowker, against the Secretary of the Department of Social Services. The dispute centred on whether the applicant qualified for the crisis payment, specifically in relation to a claim of being forced to depart from their home. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the initial decision.

The primary legal issue before the Tribunal was to determine whether the applicant met the eligibility criteria for a crisis payment under the relevant social security legislation. This involved assessing whether the circumstances of the applicant's departure from their home constituted a "forced departure" as contemplated by the legislation, and if so, whether all other conditions for the payment were satisfied.

The Tribunal affirmed the delegate's decision, finding that the applicant had not established that they were forced to leave their home. The Tribunal considered the applicant's evidence and the information provided by the Department, concluding that the applicant had voluntarily left their accommodation. Consequently, the applicant did not meet the essential qualification for a crisis payment, which requires a forced departure from a home due to specific circumstances such as domestic violence or a natural disaster.