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

This matter concerned an application for a special benefit by a 14-year-old applicant, who had left her mother's home and was residing with a couple, Mrs A and her husband. The dispute centred on whether the applicant was able to earn a sufficient livelihood and whether she qualified as a "SPB homeless person" under the relevant social security legislation. The decision was made by A C Cotter SM.

The court was required to determine two primary legal issues. Firstly, whether the applicant was able to earn a sufficient livelihood, a prerequisite for receiving a special benefit under section 729(2)(e) of the Social Security Act 1991 (Cth). Secondly, the court had to consider whether the applicant met the criteria to be classified as a "SPB homeless person" under section 739 of the Act, which would entitle her to a special benefit under section 1067A(9).

The court reasoned that the applicant was not able to earn a sufficient livelihood, finding that she was not a "SPB homeless person". Mrs A and her husband had provided accommodation and met the applicant's expenses, including school fees, uniforms, stationery, footwear, sporting costs, bus fares, and significant dental expenses. Despite the financial burden this placed on Mrs A's family, the court concluded that the applicant's circumstances did not meet the legislative definition of homelessness for the purposes of the special benefit. Consequently, the decision under review, which affirmed the denial of the special benefit, was affirmed.