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

This matter concerned an appeal by Mr Jacob against a decision to cancel his Newstart Allowance. The cancellation arose from his absence from Australia between 18 November 2019 and 16 June 2020. The core dispute was whether this absence constituted an "allowable absence" under the *Social Security Act 1991* (Cth), which would have permitted the continued payment of his allowance. The Administrative Appeals Tribunal (AAT) was required to determine this issue.

The Tribunal was tasked with determining whether Mr Jacob's absence from Australia was an allowable absence for the purposes of receiving Newstart Allowance. Specifically, the Tribunal had to consider if the absence could be characterised as temporary and undertaken for the purpose of seeking eligible medical treatment overseas, attending to an acute family crisis, or for a humanitarian purpose. The factual circumstances surrounding Mr Jacob's travel to Italy and Israel, including the death of his father, a family property dispute, and his own medical issues, were central to these considerations.

The Tribunal found that Mr Jacob's absence was not an allowable absence. While acknowledging the emotional distress following his father's death and the need to attend a religious ceremony and a property dispute, the Tribunal concluded that these events did not meet the criteria for an acute family crisis or humanitarian purpose as defined by the Act. The Tribunal noted that the religious ceremony could have been delayed and that the property dispute, while significant, was not deemed an acute crisis necessitating his presence overseas for the entire period. Furthermore, the Tribunal found no evidence that Mr Jacob sought eligible medical treatment overseas during his absence. Consequently, the Tribunal affirmed the decision to cancel Mr Jacob's Newstart Allowance.