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

This matter concerned an application by Mr Woodhall for an extension of time to seek payment of a disability support pension from a date earlier than the deemed date of his application. The application was heard by N A Manetta SM.

The primary legal issue before the Tribunal was whether to grant Mr Woodhall an extension of time to lodge an application for review. This required the Tribunal to consider whether there were reasonable prospects of success for such an application.

The Tribunal reasoned that an earlier commencement date for the disability support pension would only have been possible if Mr Woodhall had sought a review of the September 2010 decision that refused him the pension. As no review was sought at that time or subsequently, and in the absence of information regarding the merits of the September 2010 decision, the Tribunal could not conclude it was incorrect. Consequently, the Tribunal found that there were no reasonable prospects of success for an application for review.

The Tribunal refused the extension of time within which Mr Woodhall could lodge an application for review.