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

This matter concerned an appeal by Wilkes (the Applicant) against a decision of the Secretary, Department of Social Services (the Respondent) regarding the calculation of a compensation preclusion period. The dispute centred on the correct commencement and end dates of this preclusion period, which affects the Applicant's eligibility for social security payments following a lump sum compensation payout for peritoneal mesothelioma. The decision was made by M East M.

The primary legal issues before the Tribunal were how the compensation preclusion period should be calculated, specifically its commencement and cessation dates, and whether there were special circumstances warranting a waiver or limitation of that period. The Applicant contended that the preclusion period had been incorrectly calculated by the Respondent, leading to an extended period of ineligibility for benefits.

The Tribunal found that the Respondent had indeed incorrectly calculated the preclusion period. While the correct period was determined to be from 1 June 2012 to 17 June 2022, the Tribunal accepted that the Applicant had consistently expected the period to end on 28 April 2021. This discrepancy was considered a special circumstance justifying a limitation on the operation of the preclusion period. Consequently, the Tribunal set aside the Respondent's decision and remitted the matter for reconsideration, directing that the preclusion period should effectively conclude on 28 April 2021, despite the longer calculated duration.