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

This matter concerned an appeal by Merrett against a decision of the Secretary of the Department of Social Services regarding eligibility for the age pension bonus scheme. The core of the dispute revolved around whether Merrett had met the necessary criteria, specifically the "work test," and whether the late lodgement of a valid claim could be excused. The case was heard by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Merrett satisfied the conditions for the pension bonus scheme, particularly the work test, and whether the lodgement of the claim was made within the prescribed timeframes. A key legal question was whether any discretion was available under section 21(2) of the *Social Security (Administration) Act 1999* to permit a late claim, and if so, whether the circumstances presented by Merrett constituted "special circumstances" warranting the exercise of such discretion.

The Tribunal found that the evidence did not establish the existence of "special circumstances" that would justify allowing a longer period for the lodgement of the claim. Consequently, the Tribunal affirmed the decision under review.