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

This matter concerned an application for review of a decision by the Administrative Appeals Tribunal (AAT) affirming the Secretary of the Department of Social Services' rejection of Ms. Pham's claim for special benefit. Ms. Pham contended she was experiencing significant financial hardship and was eligible for the benefit, while the Secretary's delegate determined her available funds exceeded the permissible limit. The core dispute revolved around whether Ms. Pham qualified for special benefit on 9 January 2019, the date of her second claim.

The Tribunal was required to determine if Ms. Pham met the criteria for special benefit under section 729 of the *Social Security Act 1991* (Cth), specifically whether she was unable to earn a sufficient livelihood due to her domestic circumstances. This involved assessing her available funds against the Long Term Available Funds Test outlined in the Social Security Guide, which posits that special benefit is not payable if a person has available funds exceeding $5,000. The Tribunal also had to consider whether certain expenditures were unavoidable and reasonable, or if they should be deemed available funds for the purpose of the test.

The Tribunal reasoned that while Ms. Pham had received a significant divorce settlement, she had not adequately accounted for all of these funds or subsequent income. Applying the Long Term Available Funds Test, the Tribunal found that expenditure on items such as a microblading course, hairdressing equipment, a phone and laptop, jewellery, and travel for her mother was neither unavoidable nor reasonable, and therefore should be deemed available funds. Consequently, the Tribunal was satisfied that Ms. Pham had deemed available funds exceeding $5,000 at the time of her application. The Tribunal affirmed the decision under review, finding that Ms. Pham did not meet the requirements for special benefit.