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

This matter concerned an appeal by Thornycroft against a decision of the Secretary of the Department of Social Services regarding a recoverable carer payment and a carer allowance debt. The dispute arose from the cessation of care provided by Thornycroft, which was triggered by an intervention order. Thornycroft sought to have the debt waived or written off. The Administrative Appeals Tribunal (AAT) considered the case.

The primary legal issues before the AAT were whether there was a "special reason" to extend the respite period for the recoverable carer payment, and whether the carer allowance debt should be written off permanently due to Thornycroft's lack of capacity to repay. The Tribunal was required to assess the circumstances surrounding the cessation of care and the financial position of Thornycroft.

The AAT Member, Mr A Maryniak QC, found that while an intervention order had been made, it did not constitute a "special reason" to extend the respite period for the recoverable carer payment. The Member noted that the cessation of care was a direct consequence of the intervention order, and the legislation did not provide for such circumstances to be considered a special reason for an extension. Regarding the carer allowance debt, the Tribunal accepted that Thornycroft lacked the capacity to repay the debt. Consequently, the AAT ordered that the carer allowance debt be written off permanently.