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

This matter concerned an appeal by Mr Keys against the rejection of his claim for a Disability Support Pension (DSP). The rejection was based on a compensation preclusion period, which prevented him from receiving the DSP due to prior compensation payments. The core dispute revolved around the commencement date and duration of this preclusion period, and whether any "special circumstances" warranted its shortening.

The legal issues before the Tribunal were twofold: firstly, whether the start date of Mr Keys' compensation preclusion period was correctly identified as 16 September 2015, or if an earlier date was appropriate; and secondly, whether the evidence disclosed special circumstances that would justify disregarding part or all of his lump sum compensation payment, thereby shortening the preclusion period to an earlier date than 8 November 2015. Mr Keys also sought reimbursement for prescription costs incurred during the period he was not receiving the DSP.

The Tribunal considered Mr Keys' evidence regarding his financial circumstances, including the sale of properties and significant debts arising from his divorce proceedings, and his ongoing ill health. However, the Tribunal found that shortening the preclusion period would permit Mr Keys to receive both the DSP and compensation payments concurrently, which the legislation aims to prevent. The Tribunal concluded that the evidence did not support the existence of special circumstances that would justify altering the preclusion period. Consequently, the Tribunal affirmed the decision of the Administrative Appeals Tribunal, which had upheld the Department's rejection of Mr Keys' DSP claim due to the compensation preclusion period.