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

This matter concerned an application for review of a decision by the Secretary, Department of Social Services, regarding the applicant's eligibility for the Pension Bonus Scheme (PBS). The applicant, Ms Lacek, sought to receive a pension bonus, but her claim was rejected. The dispute centred on whether Ms Lacek had lodged a valid claim within the prescribed timeframe and whether her activities constituted "gainful work" for the purposes of meeting the work test.

The Tribunal was required to determine several legal issues. These included whether the applicant met the work test of at least 960 hours after 28 January 2014, whether she was engaged in "gainful work" for financial gain or reward after that date, and crucially, whether her claim was lodged within 13 weeks of ceasing to meet the work test. The Tribunal also considered whether there were "special circumstances" that would allow her activities to be treated as gainful work and whether she had maintained a recognised work record.

The Tribunal found that the applicant's activities throughout 2014 and 2015 constituted gainful work. It determined that the applicant ceased to meet the work test on 5 October 2015. As her claim was lodged on 8 December 2015, this was within the 13-week period following her ceasing to meet the work test. Consequently, the Tribunal concluded that the applicant's claim was not made out of time. The decision under review was set aside and remitted to the Respondent with a direction that the claim be assessed accordingly, entitling the applicant to the pension bonus.