Broomhall and Secretary, Department of Social Services Chief Executive Centrelink (Social security) - [2024] ARTA 475

Broomhall and Secretary, Department of Social Services Chief Executive Centrelink (Social security) [2024] ARTA 475 (25 October 2024)

Applicant/s: Mrs Broomhall

Respondent: Secretary, Department of Social Services

Chief Executive Centrelink

Tribunal Number: 2024/B190077
Tribunal: Member K Hamilton
Place:Brisbane
Date:25 October 2024

Decision:The Tribunal varies the decision under review so that the start date for Ms Broomhall’ jobseeker payment is 7 March 2024.

CATCHWORDS

SOCIAL SECURITY – pensions, benefits and allowances – JobSeeker payment – principal home – proceeds of sale from the property – correct start date for JSP is 7 March 2024 – decision under review varied

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information pursuant to subsection 201(1A) of the Social Security (Administration) Act 1999.

Statement of Reasons

BACKGROUND

This application concerns a decision made by Services Australia – Centrelink (Centrelink) to grant Ms Broomhall jobseeker payment (JSP) from 7 March 2024.
Ms Broomhall submitted claims for JSP on 8 December 2023, 15 December 2023 and 30 December 2023.
On 2 March 2024, Centrelink made a decision to grant Ms Broomhall JSP with effect from 7 March 2024, after Ms Broomhall had served a liquid assets test waiting period (LAWP) and an ordinary waiting period (OWP).
Ms Broomhall requested an internal review of Centrelink’s decision to grant her claim for JSP from 7 March 2024, and not from an earlier date. On 2 July 2024, a Centrelink authorised review officer (ARO) changed the decision, finding that Ms Broomhall was not subject to a LAWP and the start date for her JSP was 6 January 2024.
On 8 August 2024, Centrelink conducted an own motion review of the decision to grant Ms Broomhall’ JSP from 6 January 2024 and changed the decision so that the start date of Ms Broomhall’ JSP was 28 February 2024.
On 30 July 2024, Ms Broomhall applied to the Administrative Appeals Tribunal (AAT) seeking independent review of Centrelink’s decision.
From 14 October 2024, the AAT became the Administrative Review Tribunal (the Tribunal). Under the transitional provisions in the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (the Transitional Act), applications for review to the AAT that were not finalised before 14 October 2024 are taken to be an application for review to the Tribunal. The Transitional Act gives the Tribunal the authority to continue and finalise any aspect of the review not already completed by the AAT. This decision and statement of reasons is made by the Tribunal.
A hearing was held on 25 October 2024, with Ms Broomhall participating by telephone. The Tribunal had regard to documents produced by Centrelink as relevant to Ms Broomhall’ application, numbered as pages 1–135. Centrelink’s decision of 8 August 2024 was not included in the documents produced by Centrelink, and the Tribunal requested Centrelink to provide this document prior to hearing. Centrelink’s letter of 8 August 2024 was duly provided and numbered…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: Broomhall and Secretary, Department of Social Services Chief Executive Centrelink (Social security) [2024] ARTA 475
Case: [2024] ARTA 475
Decision Date: 25 October 2024

CaseChat Overview and Summary

In the case of Broomhall and Secretary, Department of Social Services Chief Executive Centrelink (Social security) [2024] ARTA 475, the Administrative Review Tribunal reviewed a decision made by Services Australia – Centrelink (Centrelink) concerning the grant of jobseeker payment (JSP) to Ms Broomhall. Ms Broomhall had submitted claims for JSP on multiple occasions, and Centrelink had initially granted her JSP starting from 7 March 2024. However, following internal reviews, the start date was altered to 6 January 2024 and subsequently to 28 February 2024. Ms Broomhall sought an independent review from the Tribunal, now known as the Administrative Review Tribunal under the Transitional Act, to determine the correct start date for her JSP.

The primary legal issues before the Tribunal were whether Ms Broomhall was subject to a liquid assets waiting period (LAWP) and an ordinary waiting period (OWP), and if so, what the start and end dates of these periods were. The Tribunal also needed to consider whether any part of these waiting periods could be waived due to severe financial hardship, although Ms Broomhall did not seek such a waiver. The central contention was whether the proceeds from the sale of Ms Broomhall’s property at [Suburb 1] should be exempt from the asset test for the purposes of applying a LAWP, on the basis that the property was her principal home.

The Tribunal examined the relevant legislation, including the Social Security Act 1991 and the Social Security (Administration) Act 1999, to determine the correct start date for Ms Broomhall's JSP. It concluded that Ms Broomhall was indeed subject to a LAWP and an OWP. The Tribunal found that Ms Broomhall's LAWP commenced on 30 November 2023 and ended on 27 February 2024, and her OWP started on 28 February 2024 and ended on 6 March 2024. However, the Tribunal determined that the proceeds from the sale of the [Suburb 1] property could not be considered exempt from the asset test because the property was not Ms Broomhall’s principal home. Therefore, the correct start date for her JSP, subject to her satisfying all other eligibility criteria, was 7 March 2024.

In conclusion, the Tribunal varied the decision under review so that the start date for Ms Broomhall’s jobseeker payment was 7 March 2024. The Tribunal’s decision was based on a thorough examination of the relevant legislation and the facts of the case, ensuring that the correct waiting periods were applied to determine the eligibility for JSP.

Orders