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

This matter concerned an appeal by MacDonald against a decision of the Social Security Appeals Tribunal, which affirmed the Secretary of the Department of Social Services' refusal to grant MacDonald a pension bonus. The dispute centred on MacDonald's eligibility for the pension bonus, given his previous receipt of Newstart allowance.

The Administrative Appeals Tribunal was required to determine whether MacDonald was eligible for the pension bonus, notwithstanding his receipt of Newstart allowance. It also had to consider whether the decision to grant him Newstart allowance was correct, and whether the refusal of the pension bonus was correct.

The Tribunal found that the decision to grant MacDonald Newstart allowance was correct. However, it also found that the decision to refuse the pension bonus was correct, as receipt of Newstart allowance disqualified him from receiving the pension bonus. The Tribunal noted that MacDonald had received incomplete advice from Centrelink regarding the impact of Newstart allowance on his pension bonus eligibility, and suggested that he might have a claim under the Compensation for Detriment caused by Defective Administration (CDDA) Scheme.