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

This matter concerned an appeal by the applicant, Armstrong, against a decision by the Secretary of the Department of Social Services to suspend his Disability Support Pension (DSP). The core of the dispute revolved around whether the applicant had ceased to be an Australian resident, which would render him ineligible for the payment. The decision was made by Senior Member Bill Stefaniak AM, RFD, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether the applicant qualified as an Australian resident for the purposes of receiving social security payments, and if not, whether the suspension of his DSP was correctly determined. The Tribunal was required to consider the applicant's residency status, particularly in light of his travel outside Australia, and to apply the relevant provisions of the Social Security (Administration) Act 1999 and the principles outlined in the Guide to Social Security Law.

The Tribunal reasoned that while no single factor is conclusive in determining residency, the frequency and duration of travel outside Australia are significant considerations. The Guide to Social Security Law indicates that continuous presence is not required to maintain residency, and temporary absences for work or holidays do not necessarily mean a person ceases to reside in Australia. However, to maintain Australian residence during an absence, a person must demonstrate continued physical ties to Australia, and the absence must be of short duration with a clear purpose and a proposed end date. The Tribunal noted that the Department had previously deemed the applicant an Australian resident in 2013 when he was granted the DSP, but later, in 2014, a departmental officer deemed him not to be a resident, leading to the cancellation of his DSP, a decision the applicant did not challenge at that time. The Tribunal did not dispute the Department's later decision in 2016 that the applicant was an Australian resident for the purposes of his Age Pension application.