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

This matter concerned an appeal by Mr Jaskulski against a decision by the Secretary of the Department of Social Services to affirm a decision that his Newstart Allowance was not payable during his overseas travel for medical treatment. The dispute centred on whether his travel to Poland for medical treatment between 20 May and 16 September 2017 qualified as an allowable absence under the relevant social security legislation.

The primary legal issue before the Tribunal was to determine whether the medical treatment Mr Jaskulski received in Poland constituted "eligible medical treatment" for the purposes of portability of his Newstart Allowance. This required an assessment of whether the treatment was of a kind not available to him in Australia, considering his submission that while the treatment was technically available, its private cost in Australia was prohibitive.

The Tribunal considered the Social Security Guide's definition of eligible medical treatment, which specifies treatment of a kind not available in Australia. While Mr Jaskulski acknowledged the treatment was available privately in Australia, he argued it was not accessible to him due to its unaffordability. The Tribunal referred to the decision in *Osmani*, which suggested that if the only available treatment in Australia was prohibitively expensive, it could be considered unavailable to the person. However, the Tribunal ultimately found that the treatment Mr Jaskulski received did not meet the requirements of section 1217 of the Act.

Consequently, the Tribunal affirmed the decision under review, finding that Mr Jaskulski's Newstart Allowance was not payable during his absence from Australia.