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

This matter concerned an appeal by Mr Lalic against a decision of the Secretary of the Department of Social Services regarding the start date of his Jobseeker Payment (JSP). Mr Lalic, a self-employed contractor whose business was significantly impacted by the COVID-19 pandemic, registered his intention to claim JSP on 26 March 2020. He subsequently faced difficulties in lodging his formal claim due to issues with the Department's systems and his own stated difficulties with technology. The core of the dispute was whether his JSP should be backdated to his initial intention to claim date of 26 March 2020, or a later date.

The Administrative Appeals Tribunal was required to determine whether Mr Lalic was entitled to have his JSP backdated to 26 March 2020. This involved considering the application of the Coronavirus Determination, which allowed for backdating of claims lodged by 8 May 2020, and subsection 13(3A) of the relevant legislation, which permits claims to be deemed made on the "contact day" under certain circumstances, specifically for "vulnerable persons" with "special circumstances" beyond their control. The Tribunal had to assess whether Mr Lalic met the criteria for being considered a vulnerable person with special circumstances that prevented him from lodging his claim earlier.

The Tribunal affirmed the decision under review. It found that while Mr Lalic had registered his intention to claim on 26 March 2020 and contacted the Department again on 4 May 2020, he did not lodge his claim until 13 May 2020. Consequently, the backdating provisions of the Coronavirus Determination did not apply. Furthermore, the Tribunal found that Mr Lalic did not qualify as a "vulnerable person" with "special circumstances" beyond his control. While acknowledging his difficulties with technology and the impact of the pandemic, the Tribunal noted that Mr Lalic could access and use MyGov, albeit with assistance, and had been assisted to complete his application online on 13 May 2020. The Tribunal applied the principle that "special circumstances" must be objectively unusual, uncommon, or exceptional, and concluded that Mr Lalic's situation did not meet this threshold.