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

The Administrative Appeals Tribunal reviewed a decision concerning Mr Ian Warry's eligibility for a disability support pension. Mr Warry sought to challenge the Respondent's imposition of a compensation preclusion period, the recovery of a compensation charge, and the cancellation of his disability support pension. These decisions stemmed from compensation payments Mr Warry received following a workplace injury sustained in February 2018.

The primary legal issues before the Tribunal were whether the compensation preclusion period imposed on Mr Warry was correctly calculated, whether special circumstances existed to reduce this period, and whether the compensation charge raised against him should be written off or waived. The Tribunal was also required to determine if Mr Warry was entitled to his disability support pension during the period of the compensation preclusion.

The Tribunal reasoned that the compensation payments Mr Warry received, including those for permanent impairment and weekly compensation, were relevant to the calculation of the preclusion period. While Mr Warry argued that his settlement was a court-ordered agreement and not an out-of-court settlement, and that no component was specifically for economic loss, the Tribunal found that the evidence did not support the existence of special circumstances under section 1184K of the relevant Act that would warrant reducing the preclusion period. The Tribunal concluded that the compensation preclusion period was correctly calculated from 17 August 2019 to 24 July 2026, and that no basis existed for writing off or waiving the compensation charge. Consequently, the Tribunal affirmed the Respondent's decision to cancel Mr Warry's disability support pension.