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

The applicant, Mr. Drury, sought review of a decision by the Secretary of the Department of Social Services concerning the recovery of compensation payments. Mr. Drury had received a Disability Support Pension (DSP) which was reduced dollar-for-dollar due to compensation received from the NSW Dust Diseases Board for an asbestos-related disease. The dispute centred on whether any special circumstances existed to exempt Mr. Drury from the full recovery of the periodic DSP payments. The matter was heard by Emeritus Professor P A Fairall, Senior Member.

The primary legal issue before the Tribunal was whether the applicant's circumstances qualified as "special circumstances" under the relevant social security legislation, thereby allowing for the partial or complete remission of the compensation recovery. This required the Tribunal to consider the policy behind the compensation recovery provisions and whether the applicant's personal history and the nature of his illness warranted an exception to the general rule.

The Senior Member acknowledged the applicant's difficult life, including serious illness contracted during employment and significant personal tragedies. While these factors evoked sympathy, the Senior Member determined that they did not constitute "special circumstances" in the legal sense that would override the legislative policy of compensation recovery. The decision affirmed the reviewable decision, meaning the DSP reduction would stand.