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

The applicant, Henry, sought review of a decision by the Secretary of the Department of Social Services concerning the calculation of a preclusion period for an age pension. The dispute centred on whether a lump sum compensation payment received by the applicant affected his eligibility for the age pension and how any resulting preclusion period should be calculated. The matter was heard by Dr Damien Cremean, Senior Member.

The primary legal issue before the Tribunal was whether the preclusion period, which prevents a person from receiving certain social security payments after receiving a lump sum compensation payment, had been correctly calculated and applied to the applicant's age pension entitlement. The Tribunal was also required to consider whether any special circumstances existed that would warrant an exception to the standard preclusion period rules.

The Senior Member affirmed the decision under review, finding no special circumstances that would justify departing from the standard application of the preclusion period. The applicant's response indicated an understanding that he would become eligible for the pension once the preclusion period expired. Consequently, the Tribunal affirmed the Secretary's decision regarding the preclusion period.