Questão jurídica principal
Whether the claimant was entitled to party compensation for the departmental appeal after succeeding.
Decisão extraída
Yes. Given the serious interference with social assistance, the claimant's psychological strain, the need to preserve her interests after the authority acted too hastily, and her financial inability to bear legal costs, the engagement of counsel was necessary and special circumstances justified compensation.
Fundamentação extraída
Party compensation under § 39 VRG is discretionary, but it may be awarded where the party prevails, is represented by counsel, the matter is legally and factually demanding, and special circumstances exist. Here, the authority set the aid stop too quickly and the claimant had to appeal to protect her rights.