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

This matter concerned an appeal by the applicant, Mr Hettiarachchi, against a decision by the Secretary of the Department of Social Services regarding his eligibility for a disability support pension. The central dispute revolved around whether there was a "special reason" to treat Mr Hettiarachchi as not being a member of a couple, which would affect his ability to pool resources with his wife and potentially impact his pension entitlement.

The legal issue before the Tribunal was to determine whether the circumstances of Mr Hettiarachchi's case constituted a "special reason" to exercise the discretion under section 24 of the relevant social security legislation, thereby allowing him to be treated as a single person rather than a member of a couple. This required an assessment of whether it would be unjust or unreasonable not to do so, considering factors such as the availability of assets and the average cost of living in Sri Lanka, where his wife resided.

The Tribunal considered the principles outlined in the Social Security Guide, which states that the discretion under section 24 is a measure of last resort, to be applied only when all other reasonable means of support have been exhausted and when circumstances outside the person's control make it unjust or unreasonable not to exercise the discretion. Drawing on previous decisions, the Tribunal interpreted "special reason" in line with the Act's purpose, which is to account for situations where a couple cannot enjoy the economies of shared living costs due to separation, such as for reasons of illness. In this instance, the Tribunal found that the applicant had not demonstrated a "special reason" to justify the exercise of the discretion.

Consequently, the Tribunal affirmed the decision under review, finding no special reason to treat Mr Hettiarachchi as not being a member of a couple.