HELEN SULLIVAN and SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS
[2012] AATA 144
•3 February 2012
[2012] AATA 144
Division GENERAL ADMINISTRATIVE DIVISION File Number(s)
2011/4096
Re
HELEN SULLIVAN
APPLICANT
And
SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS
RESPONDENT
DECISION
Tribunal Dr Roderick McRae, Member
Date 3 February 2012 Place Melbourne Decision Summary For the reasons given orally at the conclusion of the hearing of this matter, the Tribunal affirms the decision under review
[sgd] Roderick McRae.............
SOCIAL SECURITY Pensioner education supplement past Masters qualification not leading to gainful employment- decision under review affirmed.
Legislation Administrative Appeals Tribunal Act 1975 s 37
Social Security Act 1991 ss 1061PA, 1061PB
REASONS FOR DECISION
3 February 2012
On 29 June 2011 a Centrelink officer issued Ms Helen Sullivan (the Applicant) with a notice rejecting her claim for Pensioner Education Supplement (PES). Centrelink acts as the service delivery agency for the Department of Education, Employment and Workplace Relations (the Respondent). The Applicant sought a review of that decision. A Centrelink authorised review officer (ARO) affirmed the decision on 25 July 2011. The Applicant then sought a review of the ARO’s decision by the Social Security Appeals Tribunal (SSAT). On 22 August 2011 the SSAT affirmed the decision. The Applicant now seeks a review of the SSAT decision by this Tribunal.
The issue before the Tribunal is whether the Applicant is entitled to PES. The Tribunal’s decision, given orally on the date of the hearing, is that the Applicant is not entitled to PES.
The Applicant attended the hearing and was self-represented. Mr Mark Hester, a Centrelink advocate, represented the Respondent. The Tribunal had before it documents lodged by the Respondent pursuant to s 37 of the Administrative Appeals Tribunal Act 1975 (the T Documents).
BACKGROUND
The Applicant has received Disability Support Pension (DSP) for a mental illness since 27 October 1992 but claims to struggle financially. She contacted Centrelink on 11 May 2011 regarding a claim for PES and lodged a claim for PES on 20 June 2011. This claim included (at question 18 of the form) a statement that she had previously completed a Master of Education at the University of Melbourne from 1998 to 2001. On 29 June 2011 the Applicant was advised her claim for PES was rejected as it was not payable when a Masters level course has been previously completed.
LEGISLATION
Section 1061PA of the Social Security Act 1991 provides:
1061PAQualification for pensioner education supplement
A person is qualified for a pensioner education supplement if the person:
(a)is undertaking qualifying study (see Subdivision B); and
(b)is receiving a payment attracting pensioner education supplement (see Subdivision C); and
(c)is of pensioner education supplement age (see Subdivision D); and
(d)meets the residency requirements under Subdivision E.
Section 1061PB of the Social Security Act 1991 provides: 1061PB Undertaking qualifying study
General
(1)For the purposes of this Part, a person is undertaking qualifying study if the Secretary is satisfied that:
(a)the person:
(i)is enrolled in a course of education at an educational institution; or
(ii)was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to re‑enrol in the course when re‑enrolments in the course are next accepted; or
(iii)was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to enrol in another course of education (at the same or a different educational institution) when enrolments in the other course are next accepted; and
(b)the course in which the person is enrolled, or intends to enrol, is an approved course of education or study (see section 1061PC); and
(c)the person is a full‑time student or a concessional study‑load student in respect of that course (see sections 1061PD and 1061PE); and
(d)the person satisfies the progress rules (see sections 1061PH and 1061PI).
Persons not undertaking qualifying study
(2)A person is not undertaking qualifying study if the person:
(a)is employed on a full‑time basis as an apprentice or trainee under an industrial instrument or the National Employment Standards, and has a training agreement (however described) with a training authority (by whatever name called) of a State or Territory; or
(b)has completed a course for:
(i)a degree of Master or Doctor at an educational institution; or
…
APPLICANT’S SUBMISSIONS
The Applicant stated that she had seen the SSAT decision. She submitted she should be entitled to the PES as she had not gained useful employment through her Master’s degree. She also submitted that the completion of her current course would assist in the management of her mental illness. She had no new evidence about her eligibility for PES, nor was she able to identify an error in the application of the law.
RESPONDENT’S SUBMISSION
The Respondent submitted that the Applicant does not satisfy s 1061PB(2)(b)(i) of the Act. The law had been correctly applied, and there is no permissible discretion which the Tribunal may exercise.
FINDINGS
The Applicant has received DSP since 27 October 1992, a qualifying payment for PES. She is fluent in English and qualified with a Master of Education from the University of Melbourne in 2001. She accurately read aloud the relevant legislation to the Tribunal.
The Applicant lodged a claim for PES with Centrelink on 20 June 2011.
CONCLUSION
The Applicant possesses a Master’s degree. Accordingly, she cannot be regarded as undertaking qualifying study for PES. She is therefore ineligible for PES according to the law.
DECISION
The decision to reject the claim for PES was the correct decision. The Tribunal affirms the decision of the SSAT made on 22 August 2011.
I certify that the preceding 11 (eleven) paragraphs are a true copy of the reasons for the decision herein of .
..[sgd] Dianne Eva ...........
Clerk
Date of Written Reasons: 7 March 2012
Date of hearing 3 February 2012
Applicant In person Advocate for the Applicant Self-Represented Advocate for the Respondent Mr M Hester, Centrelink Legal Services
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