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

This matter concerned an appeal by RBJS against a decision by the Secretary, Department of Jobs and Small Business, to cancel her Newstart allowance. The dispute arose from RBJS's failure to attend an appointment with her employment services provider, Great Southern Personnel (GSP), and subsequent failure to reconnect with them. The Administrative Appeals Tribunal (AAT) had jurisdiction to hear the matter under section 179 of the *Social Security (Administration) Act 1999* (Cth).

The legal issues before the Tribunal were whether the cancellation of RBJS's Newstart allowance was correct, and whether her medical conditions provided a sufficient reason for her non-compliance with her Employment Pathway Plan and the requirement to attend appointments. Specifically, the Tribunal had to consider the impact of her longstanding medical conditions, including migraines, anxiety, and anaphylaxis, on her ability to attend appointments and engage with her employment services provider.

The Tribunal reasoned that RBJS's medical conditions, while longstanding and severe, did not excuse her failure to comply with the requirements of her Newstart allowance. Evidence indicated that her conditions, including migraines and anxiety, had persisted for over 24 months and were expected to remain unchanged. Despite being informed of the consequences of non-attendance, including potential cancellation of payments, RBJS failed to attend a scheduled appointment on 29 April 2016, and subsequently failed to reconnect with GSP within four weeks of missing that appointment. The Tribunal applied the principle that continued failure to comply with reconnection requirements can result in a loss of qualification for payment, as outlined in the Social Security Guide.

The Tribunal affirmed the decision to cancel RBJS's Newstart allowance, finding that the cancellation was correct in the circumstances.