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

Nash and the Secretary, Department of Social Services were parties before Deputy President Bernard McCabe of the Administrative Appeals Tribunal. The dispute concerned the applicant's eligibility for social security payments, specifically whether a preclusion period, arising from a lump sum compensation payment, should be waived due to special circumstances.

The Tribunal was required to determine whether any special circumstances existed that would justify waiving the preclusion period applicable to the applicant's lump sum compensation payment. The applicant contended that disability discrimination constituted such special circumstances.

Deputy President McCabe found that no special circumstances existed to warrant the waiver of the preclusion period. The applicant was not found to be in straitened financial circumstances, and no other matters or circumstances were presented that could qualify as special. Consequently, the decision under review was affirmed.