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

This matter concerned an application by Mr Barry Wilson (the Applicant) for review of a decision by the Social Services and Child Support Division of the Tribunal. The Tribunal's prior decision affirmed the Respondent's determination that the Applicant was not entitled to the higher rate of Austudy between 9 March 2009 and 19 September 2010. The Applicant had been in receipt of Newstart Allowance (NSA) prior to suffering a work-related injury in April 2008, which led to him receiving workers' compensation payments.

The primary legal issues before the Tribunal were whether the Applicant was eligible for the higher rate of Austudy during the specified period, and whether he met the criteria to be considered a long-term income support student. This involved determining how his workers' compensation payments should be treated in relation to his social security entitlements, particularly in light of provisions concerning compensation affected payments and the ordinary income test.

The Tribunal reasoned that the Applicant was receiving compensation payments from WorkCover Queensland during the period in question, which impacted his entitlement to NSA. Section 1173(4) of the relevant Act applied, treating his compensation payments as ordinary income for the purpose of establishing his entitlement to NSA, rather than a dollar-for-dollar reduction. This meant his NSA rate was appropriately reduced. Furthermore, the Tribunal found that the Applicant did not satisfy the requirements of section 1067K of the Act to be considered a long-term income support student when he recommenced his studies.

Consequently, the Tribunal affirmed the decision under review, finding that the Applicant was not entitled to receive a rate of Austudy higher than the basic rate for the period from 9 March 2009 to 19 September 2010. As the decision to pay the basic rate was found to be correct, no arrears payments were payable.