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

This matter concerned an application for a mobility allowance by Ms Dunstan against the Secretary, Department of Social Services. Ms Dunstan had previously been granted the allowance, but it was cancelled in 2018. She subsequently made several claims for the allowance, which were rejected. After internal reviews and a first-tier Administrative Appeals Tribunal (AAT) review affirmed the rejection decisions, Ms Dunstan sought a second review by the AAT.

The primary legal issues before the Tribunal were whether Ms Dunstan was engaged in a voluntary activity for at least 32 hours in every four-week period on a continuing basis, and whether she was unable to use public transport without substantial assistance due to her disability. These were the key criteria for eligibility for the mobility allowance under section 1035 of the Social Security Act 1991.

The Tribunal considered Ms Dunstan's stated activities, including studying, attending Alcoholics Anonymous, and undertaking voluntary work. It found that her voluntary work with Alcoholics Anonymous, which she stated involved 42-50 hours over a four-week period, met the requirement of 32 hours in every four-week period on a continuing basis. Furthermore, the Tribunal accepted evidence that Ms Dunstan was unable to use public transport without substantial assistance due to her disability.

Based on these findings, the Tribunal varied the decision under review. The decision under review had effectively reinstated the rejection of Ms Dunstan's claim. The Tribunal's variation meant that Ms Dunstan was found to be eligible for the mobility allowance from 10 May 2019.