Editors --- "Newstart Allowance: qualification for Language Literacy and Numeracy Supplement" [2013] SocSecRpr 18; (2013) 15(3) Social Security Reporter, Article 3

• XIE and SECRETARY to the DEEWR
• Background
• The law
• Discussion
• Formal decision

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Newstart Allowance: qualification for Language Literacy and Numeracy Supplement

XIE and SECRETARY to the DEEWR

(2013/506)

Decided: 16th July 2013 by J.F. Toohey

Background

Xie, a newstart allowance (NSA) recipient, commenced a course in the Language Literacy and Numeracy Program (LLNP), administered by DEEWR with a view to improving her employment prospects. Several weeks into the course, Xie found

it too difficult and transferred to the Adult Migrant English Program (AMEP). AMEP is administered by the Department of Immigration and Citizenship and is part of the Government’s settlement program for eligible migrants. Centrelink cancelled Xie’s Literacy and Numeracy Supplement (LLNS) on transfer to AMEP on the ground that the AMEP was not administered by the Department of State responsible for education and training. Centrelink’s decision was later affirmed by the Social Security Appeals Tribunal (SSAT).

The law

Section 1048 of the Social Security Act 1991 (the Act) provides that a person is qualified to receive a LLNS in any fortnight if:

• the person is receiving a designated social security payment in respect of that fortnight; and

• the Secretary is satisfied that, on a day during that fortnight, the person was attending a course included in the language, literacy and numeracy program administered by the Department of State responsible for education and training.

Discussion

There was no dispute that newstart allowance was a designated social security payment. The issue in dispute was whether attendance at the AMEP qualified a person for the LLNS.

The Tribunal noted that although the Act did not specify which Department of State was responsible for education and training, it was clear from the Administrative Arrangements Order signed by the Governor General on 9 February 2012 that the Government had given responsibility for education and training to DEEWR.

On behalf of Xie, it was submitted that because the Administrative Arrangements Order showed that the Minister for Immigration and Citizenship was responsible for the Immigration (Education) Act 1997 and because the AMEP is a form of education for migrants, Xie should be entitled to LLNS. The Tribunal held that this was not a correct reading of the law because it was clear from s.1048 that it must be a course included in the language, literacy and numeracy program administered by the Department of State responsible for education and training, which was DEEWR.

Formal decision

The decision under review was affirmed.

[G.B.]