O’Rourke and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Mr O’Rourke against a decision by the Secretary of the Department of Social Services regarding his claim for a pension bonus. The dispute centred on whether the time limit for lodging such a claim should be extended due to special circumstances. The decision was heard by J F Toohey SM.

The primary legal issue before the Tribunal was whether the period for Mr O’Rourke to claim the pension bonus should be extended beyond the statutory deadline of 13 weeks. This required determining if "special circumstances" existed, as contemplated by subsection 21(2) of the Social Security (Administration) Act 1999, which would justify such an extension.

The Tribunal considered Mr O’Rourke's circumstances, including his wife's terminal illness and subsequent death, during which he was her carer and subsequently dealt with the winding up of his business. While acknowledging the profound personal difficulties Mr O’Rourke faced, the Tribunal found that these circumstances did not constitute "special circumstances" for the purposes of extending the claim period. The Tribunal noted that Mr O’Rourke had not claimed the age pension when he reached pension age and that his financial position at that time may have precluded him from receiving any significant payment. The Tribunal affirmed the decision under review.