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

This matter concerned an application for Special Benefit (SpB) payment made on behalf of two children by their mother. The applicants sought to challenge the decision of the Secretary, Department of Social Services, which had denied them eligibility for SpB. The case was heard by Chris Puplick AM, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicants were eligible for SpB, specifically considering whether their mother was unable to earn a sufficient livelihood due to age, disability, or domestic circumstances, and whether they were suffering financial hardship due to circumstances beyond her control. The Tribunal also considered whether the applicants qualified as full-time students or homeless persons, and whether the mother was eligible for any other social security payment.

The Tribunal reasoned that SpB payments are generally unavailable if a person is eligible for another social security payment, cannot earn a sufficient livelihood, and is not experiencing financial hardship due to circumstances beyond their control. In this instance, the applicants' mother was eligible for another social security payment, albeit an emergency COVID-19 related payment, which disqualified her from SpB. Furthermore, the Tribunal found that the mother had access to liquid funds from her termination payment, which, even after accounting for appropriate expenditure, would have precluded her from accessing SpB. The Tribunal also noted that one of the children, Jackson, was ineligible as he was a full-time student and not homeless. While the other child, Luca, might have had some limited eligibility for a small fortnightly payment for a specific period, this was contingent on exceptions to general provisions.

The Tribunal affirmed the decision under review, finding that the applicants were not eligible for Special Benefit payments.