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

This matter concerned an application for review by the applicant, Barnes, against a decision by the Secretary of the Department of Social Services to cancel his Disability Support Pension (DSP). The dispute centred on whether the applicant's portability period for receiving DSP while overseas should be extended due to a claimed serious injury. The review was heard by Senior Member A Poljak.

The primary legal issues before the Tribunal were whether the applicant was entitled to an extension of his portability period for DSP under section 1218C(1)(b) of the *Social Security Act 1991* (Cth), and if so, whether the Secretary was satisfied that the applicant was unable to return to Australia due to a serious illness or accident. The Tribunal also considered the application of Instruction 7.1.2.10 of the Guide to Social Security Law regarding the nature of events that warrant an extension.

The Tribunal noted that the applicant's standard portability period for DSP had expired on 17 January 2018, as he had been absent from Australia for the maximum period of 28 days within a 12-month period. The applicant contended that he could not return on 18 January 2018 due to severe nerve pain sustained from a back massage on 14 January 2018. The Tribunal considered the applicant's statements detailing the extensive travel required to return to Australia and his assertion that the pain made this journey difficult. However, the Tribunal also referred to Instruction 7.1.2.10, which stipulates that events preventing return must be extreme or of an emergency nature and that extensions are not intended for treatment or recovery that could reasonably be undertaken in Australia. The Tribunal's reasoning implies a consideration of whether the injury and its impact met this threshold for an extension.