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

This matter concerned an appeal by the applicant, HYHS, against a decision by the Secretary, Department of Social Services, regarding the calculation of a preclusion period for social security payments. The applicant had received a lump sum payment under the NSW Government’s Claims Assessment and Resolution Service. The core dispute revolved around whether this lump sum had been correctly assessed for the purpose of determining a period during which the applicant was ineligible for social security benefits, specifically the application of the 50% rule.

The Tribunal was required to determine two primary legal issues. Firstly, whether the preclusion period, calculated by the respondent based on the lump sum payment, had been determined correctly. Secondly, the Tribunal had to consider whether the applicant's personal circumstances constituted "special circumstances" that would justify a reduction in the preclusion period.

The Tribunal found that the preclusion period had not been calculated correctly. It considered the applicant's financial situation, including significant debts to the Australian Taxation Office and ongoing expenses related to renovating a property and her need for medical treatment. The Tribunal also took into account the applicant's stated inability to secure rental accommodation due to her multiple pets and her documented mental health issues. The Tribunal concluded that these factors, particularly in light of the applicant's training and past work history being impacted by her injury, amounted to special circumstances.

Consequently, the Tribunal set aside the reviewable decision. The matter was remitted to the Secretary to recalculate the applicant's entitlement to Newstart payments, finding that she was entitled to these payments from 18 September 2015 to 27 March 2017 inclusive, and to reimburse her accordingly for the entire period.