Manikantan and Secretary, Department of Jobs and Small Business (Social services second review)

This matter concerned an appeal by the applicant, Mr Manikantan, against the decision to cancel his Newstart allowance. The dispute arose from the applicant's failure to enter into a Newstart Employment Pathway Plan (EPP) and subsequent failure to report as required. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the decision to cancel the applicant's allowance.

The primary legal issues before the Tribunal were whether the applicant had failed to comply with his mutual obligation requirements, specifically in relation to entering into an EPP and subsequently reporting, and whether the cancellation of his Newstart allowance was therefore justified under the relevant provisions of the *Social Security (Administration) Act 1999* (Cth). The Tribunal also considered whether there were any special circumstances that would warrant the Secretary exercising discretion to prevent the cancellation.

The Tribunal's reasoning focused on the applicant's repeated refusal to sign the EPP, despite being given opportunities and clear notification of the consequences. The applicant's stated position was that he would only sign the EPP if its terms were altered, which was not a basis for refusing to enter into the plan. Furthermore, the applicant failed to comply with a Reporting Statement requiring him to report for specific periods, which directly triggered the automatic cancellation provisions under section 95 of the *Administration Act*. The Tribunal found that the applicant had not demonstrated any reasonable excuse for his non-compliance or any special circumstances that would justify the Secretary overriding the cancellation.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Newstart allowance from 8 October 2016, finding that the cancellation was correct based on the applicant's failure to meet his obligations.