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

The Administrative Appeals Tribunal reviewed a decision by the Secretary, Department of Social Services, to reject an application for a Special Benefit Payment. The applicant sought the payment due to gambling addiction, psychological problems, and an inability to work as an Uber driver. The applicant claimed his gambling addiction led to financial hardship, preventing him from supporting his family in Afghanistan and covering his own living expenses.

The Tribunal was required to determine whether the applicant qualified for a Special Benefit Payment, specifically whether he was unable to earn sufficient livelihood and was suffering financial hardship. This involved assessing the applicant's available funds and his capacity to meet his essential needs and support his family. The Tribunal also considered the impact of his claimed gambling addiction and depression on his financial circumstances.

The Tribunal's reasoning focused on the applicant's financial position as evidenced by bank and credit card statements. It found that the applicant had considerable funds flowing through his accounts, including significant gambling winnings and income from his Uber business, even in the period immediately preceding his claim. Despite the applicant's assertion of gambling addiction causing him to dispose of funds, the Tribunal concluded that he had more than $5,000 available to him. Applying the long-term available funds test, the Tribunal determined that the applicant did not meet the criteria for the payment. The decision under review was affirmed.