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

This matter concerned an appeal by the applicant, Mr. Khan, against a decision by the Secretary of the Department of Social Services regarding his eligibility for Special Benefit. The core dispute revolved around whether Mr. Khan was subject to the Newly Arrived Residents Waiting Period (NARWP) and, if so, whether he qualified for an exemption from this waiting period. The decision was made by B J Illingworth SM.

The legal issues before the Tribunal were whether the applicant was subject to a 208-week (four-year) NARWP and, crucially, whether he was exempt from this waiting period under subsection 709A(7) of the *Social Security Act 1991*. This exemption required the applicant to demonstrate both a substantial change in his circumstances and that this change was beyond his control since his arrival in Australia.

The Tribunal considered the relevant legislative framework, including the *Social Security Act 1991*, the *Social Security (Administration) Act 1999*, and the *Social Security (Class of Visa – Newly Arrived Residents Waiting Period for Special Benefit Determination 2015 (No 2)*, as well as the Australian Government Guide to Social Policy Law. The Tribunal agreed with the respondent that the exemption test required proof of a substantial change in circumstances that was beyond the applicant's control. The Tribunal clarified that the relevant point in time for assessing whether these exemption requirements were met was the date the applicant made the application for exemption, which was when he asserted the change in circumstances had occurred.