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

This matter concerned an appeal by Mrs Nematzadeh against a decision of the Secretary of the Department of Social Services affirming the cancellation of her special benefit payment. The dispute centred on whether Mrs Nematzadeh qualified for special benefit on two specific dates: 11 October 2018 and 4 August 2020. The case was heard by L Rieper, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether Mrs Nematzadeh met the criteria for receiving a special benefit payment on the relevant dates, specifically whether she was suffering financial hardship. This involved assessing the availability of funds to her, particularly in light of a significant compensation payment she had received. The Tribunal also considered the application of departmental policy regarding the assessment of claims for special benefit.

The Tribunal's reasoning was guided by the Social Security Guide, which outlines a "long term available funds test" for claims where support is likely to be needed for more than 13 weeks. This test stipulates that a person is not qualified for special benefit if they have available funds exceeding $5,000. The evidence established that Mrs Nematzadeh received a compensation payment of over $156,000 in May 2018. By 31 July 2018, she still had over $141,000 in her bank account. Although she gifted substantial sums to her daughter, the Tribunal was satisfied that a significant portion of these funds remained available to Mrs Nematzadeh. Consequently, the Tribunal concluded that on both 11 October 2018 and 4 August 2020, Mrs Nematzadeh had access to funds exceeding $5,000 and was not experiencing financial hardship, meaning she did not qualify for special benefit.

The Tribunal affirmed the decision under review, finding that Mrs Nematzadeh did not qualify for special benefit on the dates of her claims due to not being in financial hardship.