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

This matter concerned a review of a decision by the Secretary of the Department of Social Services (DSS) to cancel the Applicant's JobSeeker Payment (JSP). The Applicant, TBWY, had been receiving income support payments since 2002, transitioning to JSP in March 2020. The cancellation stemmed from her failure to comply with a reconnection requirement following a missed appointment with her Disability Employment Services Provider, STEPS Group Australia Ltd, on 16 October 2020. The Applicant contended that she was exempt from mutual obligations due to homeschooling her child.

The primary legal issue before the court was whether the Applicant's JSP should have been cancelled due to her failure to comply with a reconnection requirement, and whether she was eligible for an exemption from mutual obligations. Specifically, the court had to determine if there was sufficient evidence to establish that the Applicant was a principal carer of a child with a disability or illness, or a "home educator" as defined by the Act, thereby exempting her from the activity test.

The court affirmed the decision to cancel the Applicant's JSP. It found insufficient evidence to satisfy the Tribunal that the Applicant qualified for an exemption from the activity test under section 602C or section 603AB of the Social Security Act 1999 (Cth). The Applicant had failed to attend a scheduled appointment with STEPS on 10 November 2020, after being issued a notice on 16 October 2020 outlining the reconnection requirement to discuss her missed appointment and what was needed to restart her payment. Her subsequent text message to STEPS on 29 October 2020, stating she was busy with her company and that email or SMS was the best form of communication, was not considered sufficient to meet the reconnection requirement or to establish an exemption.

The decision of the Social Services and Child Support Division of the Administrative Appeals Tribunal dated 2 March 2022 was affirmed.