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

This matter concerned an application for review by Mrs. Spielvogel of a decision by the Secretary, Department of Social Services, to cancel her Jobseeker payment. The cancellation was based on the applicant's assets exceeding the prescribed assets value limit. The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to consider the applicant's argument that certain assets should be disregarded under the financial hardship provisions of the Social Security Act 1991.

The primary legal issue before the Tribunal was whether it possessed the jurisdiction to consider the applicant's claim that her property should be treated as an "unrealisable asset" under the financial hardship rules, thereby potentially allowing her Jobseeker payment to continue despite exceeding the standard assets limit. This required an examination of whether the financial hardship provisions had been properly raised and considered in prior decisions, and whether the current proceedings allowed for such a consideration.

The Tribunal reasoned that its jurisdiction in this matter was limited to reviewing the previous decision, which had affirmed the cancellation of the Jobseeker payment solely on the grounds that the applicant's assets exceeded the limit. The Tribunal found that neither the Agency nor the Authorised Review Officer (ARO) had made a decision regarding the financial hardship rules, and crucially, the applicant had not lodged a formal request for consideration under these provisions as required by section 1129(1)(d) of the Act. Consequently, the Tribunal concluded that it lacked jurisdiction to consider the financial hardship rules, as this was not a matter that had been before the ARO or the Tribunal in the initial review. The application for review was therefore dismissed.