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

This matter concerned an appeal by Ms Doulaveras against a decision by the Secretary of the Department of Social Services regarding her eligibility for a jobseeker payment and the imposition of an income maintenance period. The central dispute revolved around whether certain superannuation funds held by Ms Doulaveras constituted "liquid assets" for the purposes of social security legislation, which in turn affected her claim of severe financial hardship and the potential waiver of an income maintenance period. The decision was made by Dr I Alexander, Senior Member.

The primary legal issue before the Tribunal was to determine whether the funds held in Ms Doulaveras’ accumulation account qualified as a "roll-over benefit" under section 19C(2) of the relevant Act, and consequently, whether they should be considered "liquid assets". This determination was crucial for assessing whether Ms Doulaveras was experiencing severe financial hardship, which could have led to a waiver of her income maintenance period.

The Tribunal reasoned that the funds transferred into Ms Doulaveras’ accumulation account were not a "roll-over superannuation benefit" because they originated from her own liquid assets, not from a "complying superannuation plan". The evidence, including the accumulation account statement, indicated that the funds were an "unrestricted non-preserved amount" and could be withdrawn as cash at any time. Therefore, the Tribunal concluded that Ms Doulaveras possessed liquid assets exceeding $67,000 from January 2021 onwards and was not in severe financial hardship. Consequently, the reviewable decision was set aside, and it was substituted with a decision that Ms Doulaveras was subject to an income maintenance period from 25 October 2019 to 19 February 2022.