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

This matter concerned an application for Newstart Allowance by Mr Knibbs, following a lump sum compensation payment. The Secretary of the Department of Social Services had applied a compensation preclusion period, which Mr Knibbs sought to have waived or shortened due to special circumstances. The decision was made by Mr D. J. Morris, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Knibbs' circumstances constituted "special circumstances" within the meaning of the relevant social security legislation, thereby justifying the Secretary's discretion to disregard or shorten the compensation preclusion period. The Tribunal was required to determine if the preclusion period had been correctly calculated and applied.

The Tribunal reasoned that the ingredients necessary to invoke the Secretary's discretion for special circumstances were not present in Mr Knibbs' case. While acknowledging Mr Knibbs' efforts to address his mental health situation and his capacity for gainful employment, the Member found that these factors did not meet the threshold for special circumstances. Consequently, the Tribunal affirmed the decision of the Social Services and Child Support Division. The compensation preclusion period applicable to Mr Knibbs was correctly calculated and determined to apply from 28 August 2010 to 7 December 2019.