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

This matter concerned an appeal by Mrs Gligurovska against a decision of the Administrative Appeals Tribunal (AAT) which affirmed a decision by the Department of Social Services (DSS) to apply an income maintenance period (IMP) to her Disability Support Pension (DSP). Mrs Gligurovska's husband had received a termination payment from his employer, which the DSS treated as income to be offset against her DSP for a calculated period. Mrs Gligurovska contended that the IMP had been incorrectly calculated and applied, and sought its waiver due to severe financial hardship.

The primary legal issues before the Tribunal were whether the duration of the IMP had been correctly calculated based on the components of her husband's termination payment, and whether the circumstances warranted a waiver of the IMP due to severe financial hardship. The Tribunal also considered whether the issue of the DSP rate itself was within its jurisdiction, noting the Secretary's contention that it was not.

The Tribunal affirmed the AAT's decision, finding that the calculation of the IMP was consistent with the relevant legislative provisions and policy. It noted that the termination payment comprised various components, each with an associated period, and that the total duration of these periods determined the length of the IMP. The Tribunal also considered Mrs Gligurovska's claims of severe financial hardship, but concluded that the evidence did not establish a basis for waiving the IMP, as the calculation and application of the IMP were legally sound. The Tribunal confirmed it did not have jurisdiction to review the DSP rate decision itself.