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

This matter concerned an appeal by Mr Guse against the decision to cancel his parenting payment (single). The dispute arose from Mr Guse's failure to attend a compulsory appointment at Centrelink on 29 August 2007, which was scheduled to discuss his participation requirements. The decision was reviewed by Dr L Bygrave, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Guse committed a parenting payment participation failure on 29 August 2007. This required determining if Mr Guse had been notified of a requirement under social security law to attend the appointment, if that requirement was reasonable, and if the notification included a warning that failure to comply could constitute a participation failure. The Tribunal also considered whether Mr Guse had a reasonable excuse for his non-attendance.

The Tribunal reasoned that Mr Guse was notified of the requirement to attend the appointment by a letter dated 10 August 2007, which clearly stated the date, time, and purpose of the meeting, and warned that failure to attend or make alternative arrangements could lead to the cessation of his payment and a finding of a participation failure. The Tribunal found the requirement to attend the appointment reasonable, noting that Mr Guse had been provided with adequate notice and the opportunity to reschedule. While acknowledging Mr Guse's responsibilities as a carer, the Tribunal observed that his children were school-aged and that a dental appointment he cited as a conflict had been cancelled. Crucially, Mr Guse had not contacted Centrelink to change the appointment time. The Tribunal concluded that Mr Guse had not demonstrated a reasonable excuse for his failure to attend.

The Tribunal affirmed the decision to cancel Mr Guse's parenting payment (single) with effect from 29 August 2007. The Tribunal also noted that there was no apparent reason why Mr Guse could not have made a new claim for the payment at a later date, assessed on his circumstances at that time.