Al-Hammuri and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Mr Al-Hammuri against a decision to suspend his disability support pension payments. The dispute arose because Mr Al-Hammuri was temporarily absent from Australia between 11 August 2021 and 2 November 2021, a period exceeding the standard 28-day portability limit for his pension. The case was heard by Dr L Bygrave, Member, of the Tribunal.

The Tribunal was required to determine whether Mr Al-Hammuri was eligible to receive his disability support pension during his overseas absence from 11 August 2021 to 2 November 2021, and specifically, whether the standard 28-day portability period could be extended under the provisions of the *Social Security Act 1991* (Cth). The Tribunal considered various sections of the Act relating to portability, including those concerning severely impaired or terminally ill pensioners, extended portability periods, exceptions for full-time students, and extensions for life-saving medical treatment.

The Tribunal found that the standard 28-day portability period, as stipulated in section 1217 of the Act, had expired on 11 August 2021. It further determined that none of the specific exceptions or extended portability provisions under sections 1218AAA, 1218AA, 1218AB, 1218, or 1218D applied to Mr Al-Hammuri's circumstances due to a lack of evidence. The Tribunal then considered the general extension provision under section 1218C, which allows the Secretary to extend the portability period if a person is unable to return to Australia due to certain events, such as a serious accident, illness, or death of a family member. However, the Tribunal was not satisfied that Mr Al-Hammuri met the criteria for such an extension, nor was it satisfied that he was attending to an acute family crisis that would warrant an extension under this general provision.

Consequently, the Tribunal affirmed the decision under review, finding that Mr Al-Hammuri was not eligible to be paid his disability support pension during the period he was overseas from 11 August 2021 to 2 November 2021.