KDRH and Secretary, Department of Education

The Administrative Appeals Tribunal considered an application by KDRH for re-crediting of a FEE-HELP debt. KDRH had applied for re-crediting of their debt outside the prescribed twelve-month time limit. The Secretary, Department of Education, had refused the application on the basis that the application was out of time and that KDRH had not demonstrated "special circumstances" that would justify an extension.

The Tribunal was required to determine whether KDRH’s circumstances constituted "special circumstances" for the purposes of the relevant legislation, which would permit the late application for re-crediting of the FEE-HELP debt. Specifically, the Tribunal had to assess whether the domestic violence and pregnancy experienced by KDRH prevented them from making their application within the twelve-month period.

The Tribunal found that while KDRH had experienced significant personal difficulties, including domestic violence and pregnancy, these circumstances did not, in themselves, prevent them from lodging an application for re-crediting within the statutory timeframe. The Tribunal noted that KDRH had been aware of their right to apply for re-crediting and had not provided sufficient evidence to demonstrate that these difficulties actively prevented them from taking the necessary steps to lodge the application within the twelve months. The legal principle applied was that "special circumstances" must be such that they *prevented* the applicant from complying with the time limit, not merely made compliance more difficult or inconvenient.

The Tribunal affirmed the decision of the Secretary, Department of Education, and dismissed KDRH's application for re-crediting.