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

The Administrative Appeals Tribunal considered whether the applicant's Austudy payment was correctly cancelled. The applicant had been granted Austudy for a double degree in Criminal and Community Justice/Laws, which she commenced in 2019. The dispute centred on the calculation of "allowable study time" under the *Social Security Act 1991* (Cth) and the *Social Security (Administration) Act 1999* (Cth), particularly in light of previous study and withdrawals.

The Tribunal was required to determine if the applicant had exceeded the allowable study time for her course. This involved interpreting provisions relating to the definition of allowable study time for full-time students, the classification of tertiary courses, and the rules for calculating time spent on previous courses at the same level. The Tribunal also considered departmental policy guidance on the matter, while acknowledging it was not bound by it.

The Tribunal reasoned that the allowable study time for the applicant's double degree was five and a half years, calculated as the minimum completion time plus half an academic year. It noted that previous study at the same level within the preceding ten years is deducted from this limit. The Tribunal found that the applicant's withdrawal from a "Contracts" unit in Autumn 2020 was disregarded under section 569H(7)(i) of the Act. Crucially, the Tribunal applied departmental policy which indicated that a recipient is eligible for payment until the allowable time is next tested.

The Tribunal concluded that the applicant exceeded the allowable study time on 5 December 2022, the commencement of the summer 2022 session. Accordingly, the reviewable decision was set aside and remitted to the Secretary of the Department of Social Services with directions that the applicant's Austudy payment be cancelled from 5 December 2022.