Holmes-Preston and Secretary, Department of Social Services (Social services second review)

The Administrative Appeals Tribunal considered the case of Holmes-Preston and the Secretary, Department of Social Services. The dispute concerned the automatic cancellation of the applicant's Jobseeker Payment (JSP) due to a failure to provide required statements, and a subsequent claim for Austudy payments. The applicant had previously received Youth Allowance and JSP, with periods of suspension and cancellation, including an overseas absence that led to the suspension and subsequent cancellation of his JSP. After returning to Australia and lodging further claims, his JSP was again cancelled from 2 August 2022 due to a failure to report as required by a notice issued under section 68(2) of the *Social Security (Administration) Act 1999* (Cth).

The legal issues before the Tribunal were whether the applicant's JSP was correctly cancelled from 2 August 2022, and whether he was entitled to Austudy payments from 23 November 2022. Specifically, the Tribunal had to determine if there were "special circumstances" that would warrant the exercise of discretion to prevent the automatic cancellation of the JSP under section 95(1) of the *Social Security (Administration) Act 1999* (Cth). Additionally, the Tribunal considered whether the applicant's course was an approved course for Austudy purposes and if discretion existed to treat an incorrect Austudy claim as if the applicant was qualified for another benefit.

The Tribunal reasoned that the applicant had not demonstrated that he was qualified for Jobseeker payment at the time of his unsuccessful Austudy claim in November 2022. Consequently, section 15 of the *Social Security (Administration) Act 1999* (Cth), which allows for the exercise of discretion in certain circumstances, did not apply. The applicant's failure to meet his reporting obligations under section 68(2) of the Act led to the automatic cancellation of his JSP under section 95(1). Furthermore, the course he intended to study was not an approved course for Austudy.

The Tribunal affirmed the decisions under review.