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

This matter concerned an application by Ms Zinck for a stay of a decision made by the Secretary of the Department of Social Services, which related to a disability support pension. The application was heard by Dr L Bygrave, a Member of the relevant tribunal.

The primary legal issue before the tribunal was whether to grant Ms Zinck's application for a stay of the Secretary's decision. In considering this application, the tribunal was required to assess whether Ms Zinck had demonstrated limited prospects of success in her substantive appeal and whether granting a stay would be in the public interest.

The tribunal refused the application for a stay. While acknowledging Ms Zinck's submission regarding her stressful financial situation, the tribunal found no evidence of current financial hardship. This conclusion was based on the fact that Ms Zinck was employed for approximately 15 hours per week and received Family Tax Benefit A and B payments. The tribunal implicitly applied the principles that a stay is an exceptional remedy and requires a demonstration of a strong case on the merits and, where relevant, a consideration of the public interest.

The application for a stay was refused at the hearing of the interlocutory application.