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

This matter concerned an application by Mr Royston Harley for a review of a decision by the Social Security Appeals Tribunal, which affirmed the Department of Social Services' decision that Mr Harley was ineligible for a pension bonus. Mr Harley, who had ceased work in June 2013, lodged his application for both an age pension and a pension bonus approximately one year later, on 3 July 2014. While he was granted the age pension, his bonus application was refused due to the late lodgement.

The primary legal issue before the court was whether "special circumstances" existed to permit the late lodgement of Mr Harley's pension bonus application, which was required to be made within 13 weeks of ceasing work. Mr Harley was aware of the 13-week claim period and the existence of a special circumstances provision for late applications. He submitted a medical report detailing significant health issues, including a heart attack, hospitalisation, surgery, and medication side-effects, during the period of June and July 2013, suggesting his mental state would have been adversely affected.

The court affirmed the decision under review, finding that no special circumstances existed to justify the late lodgement. While acknowledging Mr Harley's documented health issues in mid-2013, the court noted that he was aware of the claim period and the possibility of seeking an extension under special circumstances. Despite this knowledge and his subsequent recovery, Mr Harley deferred making an application for approximately a year after ceasing work. The court concluded that the evidence did not establish that his health issues prevented him from lodging his claim within the prescribed period or from seeking an extension at an earlier time.