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

This matter concerned an appeal by the Secretary, Department of Social Services, against a decision of the Social Services and Child Support Division. The respondents, Mr and Mrs Hawkins, had been erroneously advised by Centrelink that they were members of the Pension Bonus Scheme, despite having been rejected for the Age Pension. The core of the dispute revolved around the consequences of this erroneous advice and the respondents' eligibility for benefits under the Scheme.

The Tribunal was required to determine whether the respondents were indeed members of the Pension Bonus Scheme, given their prior rejection for the Age Pension and the repeated advice they received from Centrelink. A further issue was the appropriate course of action for the respondents, considering the complexity of the Pension Bonus Scheme provisions and the potential for claims arising from defective administration.

Member Lee Benjamin observed that the provisions of the Pension Bonus Scheme were "absurdly complex" and acknowledged the difficulty faced by the agency in administering such legislation. While the Tribunal lacked jurisdiction to make awards under the Compensation for Detriment caused by Defective Administration (CDDA) Scheme, the member noted that Mr and Mrs Hawkins appeared to have a compelling case to pursue such a claim for their losses. Alternatively, the respondents were advised to consider making an "Act of Grace" claim with the Department of Finance. The decision under review was set aside and substituted with a decision rejecting the respondents' claim for the Pension Bonus in September 2022.