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

This matter concerned an appeal by an applicant against a decision by the Secretary of the Department of Social Services regarding the application of the liquid assets test waiting period (LAW) for a jobseeker payment. The applicant had withdrawn funds from his superannuation, which the Department treated as liquid assets for the purpose of calculating the LAW. The applicant argued that these funds should not have been considered liquid assets or that the LAW should not apply in his circumstances. The Administrative Appeals Tribunal (AAT) was required to determine whether the LAW was correctly applied and whether the applicant's superannuation withdrawal constituted a liquid asset for the purposes of the relevant legislation.

The Tribunal considered whether money withdrawn from a superannuation fund constituted a liquid asset for the purposes of the Social Security Act 1991 (Cth). It also examined whether an exemption from the LAW, as provided by a specific legislative instrument related to the COVID-19 pandemic, applied to the applicant's claim. The Tribunal was obliged to consider all relevant provisions of the Act and any applicable case law, even if not specifically raised by the parties.

The Tribunal reasoned that once the applicant withdrew funds from his superannuation, those monies became liquid assets and were therefore subject to assessment under section 598 of the Act. While acknowledging the applicant's honest conduct and his reliance on public statements, the Tribunal found itself bound by the clear provisions of the Act. The Tribunal also considered, on its own initiative, whether the withdrawal could be considered a superannuation benefit exempt from the LAW calculation, following established precedent. Ultimately, the Tribunal concluded that the maximum liquid assets test waiting period of 13 weeks was correctly determined.

The Tribunal affirmed the decision under review, finding that the liquid assets test waiting period had been correctly applied to the applicant's jobseeker payment claim.