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

This matter concerned appeals by Ms Elzey against decisions of the Secretary of the Department of Employment regarding the calculation of her Newstart allowance. The first appeal concerned the determination of an income maintenance period, and the second concerned the imposition of a compensation preclusion period.

The Tribunal was required to determine whether the income maintenance period applied by the Secretary was correct, and whether Ms Elzey was experiencing severe financial hardship due to unavoidable or reasonable expenditure. Furthermore, the Tribunal had to consider whether special circumstances existed that would warrant waiving or modifying the compensation preclusion period imposed.

The Tribunal found that there were no unusual, unforeseen, or exceptional circumstances applicable to Ms Elzey that would justify excluding any portion of her compensation payment from the calculation of the compensation preclusion period. Consequently, the Tribunal affirmed the decision to impose a compensation preclusion period from 11 February 2012 to 27 January 2017. However, the Tribunal set aside the decision regarding the income maintenance period and substituted a period from 16 August 2014 to 4 December 2014. The Tribunal also found that the decision to recover $1,092.45 was correct.