HEWAWASAM REVULGE and SECRETARY, DEPARTMENT OF SOCIAL SERVICES (Social services second review)

This matter concerned an appeal to the Administrative Appeals Tribunal concerning a decision by the Secretary of the Department of Social Services to affirm a decision that the appellant, Hewasawam Revulge, was not qualified for Newstart Allowance or Special Benefit. The dispute centred on whether the appellant was unemployed during the relevant qualification period, given his involvement in an owner-operated business.

The Tribunal was required to determine whether the appellant was unemployed for the purposes of the relevant social security legislation during the qualification period. This involved assessing whether his self-employment in his business constituted actual or deemed unemployment.

The Tribunal considered the appellant's activities in his business, including his role as owner and operator, and the extent of his involvement. It applied the principles of actual and deemed unemployment as defined by the Social Security Act 1991 and relevant case law. The Tribunal found that the appellant's engagement in his business meant he was not unemployed during the qualification period.

Consequently, the Tribunal affirmed the Secretary's decision.