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

This matter concerned an appeal by the applicant, Lazzaro, against a decision of the Secretary, Department of Social Services, to recover Youth Allowance and School Kids Bonus debts totalling $2957.00. The applicant contended that these debts should be waived or written off due to "special circumstances."

The primary legal issue before the court was whether the applicant's circumstances were sufficiently unusual, uncommon, or exceptional to constitute "special circumstances" warranting the waiver of the debts. The court was required to determine if any identified conditions or events qualified as special circumstances under the relevant social security legislation.

The court found that while the applicant had experienced a psychological injury, including depression and poor self-esteem, stemming from chronic pain and constitutional cognitive weaknesses, these factors, on their own, did not amount to special circumstances. The court noted that the applicant's difficulties at school were also attributed to a lack of application and absenteeism. No further evidence was presented to satisfy the court that the applicant's situation was unusual or exceptional. Consequently, the court affirmed the decision of the Secretary to recover the debt.