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

The Administrative Appeals Tribunal considered a dispute concerning the grant of a special benefit payment to JJCD, who had arrived in Australia on a contributory parent visa. The applicant, DYPJ, had lodged an assurance of support for JJCD and later sought a review of the decision to grant her special benefit. The Tribunal joined JJCD as a party to the proceedings, recognising that the outcome of the review could directly affect her interests.

The primary legal issues before the Tribunal were to determine what constitutes an "adequate level of support" for the purposes of an assurance of support, and whether JJCD had received such support prior to her claim for special benefit. The Tribunal also had to consider the circumstances surrounding the cessation of JJCD's Ukrainian pension and whether this constituted a change in circumstances that could not be prevented, thereby justifying the grant of special benefit.

The Tribunal reasoned that the Secretary of the Department of Social Services has a discretion to grant special benefit under section 729 of the *Social Security Act 1991* (Cth) if a person is unable to earn a sufficient livelihood and an assurance of support does not apply. Applying the Social Security Guide's factors, including the available funds test and income test, the Tribunal found that due to a breakdown in the family relationship and the cessation of her Ukrainian pension, JJCD was not receiving adequate support from approximately June 2021. The Tribunal was satisfied that the change in JJCD's circumstances was unavoidable and that the applicant had conceded his inability to provide support from a particular date.

The Tribunal affirmed the decision to grant JJCD special benefit from 2 August 2021, finding this to be the correct and preferable decision in the exercise of discretion.