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

The Administrative Appeals Tribunal considered the case of Ward and the Secretary, Department of Social Services, concerning the applicant's eligibility for a carer payment. The central dispute revolved around the application of a compensation preclusion period and a compensation charge, and whether special circumstances warranted an exception.

The Tribunal was required to determine if the applicant's financial and other circumstances constituted "special circumstances" that would justify disregarding a compensation payment for the purposes of calculating social security entitlements. This involved assessing the applicant's income, expenses, debts, and assets, as well as the impact of his wife's illness and death, and the associated costs.

The Tribunal reasoned that the applicant's financial situation had significantly deteriorated following his wife's death and the substantial expenses incurred due to her illness, legal costs, and funeral arrangements. It noted that his income barely covered his necessary expenses and that he lived a frugal lifestyle. The Tribunal also considered the applicant's explanation for purchasing a second-hand vehicle due to the unsuitability of his previous car and the lack of public transport. In light of these factors, the Tribunal concluded that special circumstances existed.

Consequently, the Tribunal set aside the decision under review and remitted the matter to the Respondent with a direction that the entire compensation payment received by the applicant be deemed as not having been made.