Dauguet and Secretary, Department of Employment (Social services second review)

This matter concerned an appeal by Ms. Dauguet against a decision by the Secretary of the Department of Employment regarding her eligibility for Newstart allowance. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the Secretary's decision to cancel Ms. Dauguet's allowance.

The primary legal issue before the Tribunal was whether Ms. Dauguet remained eligible for Newstart allowance from 24 January 2017, and if not, whether special circumstances existed that would permit payment under section 95(2) of the *Social Security (Administration) Act 1999* (Cth).

The Tribunal found that special circumstances did apply to Ms. Dauguet's case, allowing for the payment of Newstart allowance from the date of cancellation. The Tribunal noted the Department's reassessment of Ms. Dauguet's situation, acknowledging the special circumstances. Consequently, the Tribunal set aside the original decision and substituted its own, ordering that Ms. Dauguet be paid Newstart allowance in arrears from 24 January 2017.