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

This matter concerned an appeal by Ms Jones against a decision of the Secretary of the Department of Social Services regarding her eligibility for a disability support pension. The Administrative Appeals Tribunal, comprising Deputy President K Bean and Senior Member P Britten-Jones, was tasked with reviewing the Secretary's decision.

The central legal issue before the Tribunal was whether Ms Jones had actively participated in a program of support as required by subsection 94(2)(aa) of the relevant social security legislation. This involved considering the Social Security (Requirements and Guidelines – Active Participation for Disability Support Pension) Determination 2011, specifically whether the requirements for active participation under subsection 5(1) of that Determination were met, notwithstanding Ms Jones's enrolment in a program being subject to an exemption via a medical certificate.

The Tribunal concluded that Ms Jones had not actively participated in a program of support at the relevant time. This finding was based on their interpretation of the legislative requirements and the guidelines set out in the Determination. Consequently, the Tribunal determined that Ms Jones did not satisfy the criteria stipulated in subsection 94(2)(aa) for qualifying for a disability support pension.

Accordingly, the Tribunal affirmed the decision under review.