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

This matter concerned an appeal by Mr Sorrenti against a decision of the Secretary of the Department of Social Services. Mr Sorrenti sought to be treated as not being a member of a couple for the purposes of receiving the age pension. The Administrative Appeals Tribunal was required to determine whether there were special reasons to exercise the Secretary's discretion to treat Mr Sorrenti as an individual rather than as part of a couple.

The central legal issue was the interpretation and application of the term "special reason" within the relevant social security legislation. The Tribunal considered whether Mr Sorrenti's circumstances were sufficiently unusual or out of the ordinary to warrant the exercise of this discretion, distinguishing his situation from that of other age pension recipients. The Tribunal also examined whether financial difficulty or the inability to pool resources were independent requirements for enlivening the discretion, or merely factors that might inform the existence of a special reason.

The Tribunal reasoned that the term "special reason" requires circumstances that are unusual or out of the ordinary, and which distinguish the applicant from others in the same broad category. While Mr Sorrenti presented medical evidence of his health conditions, which had previously qualified him for a disability support pension, the Tribunal was not persuaded that these conditions were sufficiently distinct from those typically experienced by age pension recipients. The Tribunal noted that Mr Sorrenti owned his unmortgaged residence, which did not indicate financial difficulty. The Tribunal concluded that the discretion to treat Mr Sorrenti as not being a member of a couple was not enlivened by his circumstances.

Consequently, the Tribunal affirmed the decision under review.