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

This matter concerned an appeal by Mr Bettington against a decision by Services Australia to cancel his Age Pension, effective from 16 June 2023. The cancellation was based on the determination that Mr Bettington's assets exceeded the allowable limit under the assets test. An Authorised Review Officer and the Social Services and Child Support Division of the Tribunal had previously affirmed this decision.

The primary legal issue before the Tribunal was to determine whether Mr Bettington's assets, as assessed on 16 June 2023, were above the threshold stipulated by the assets test for Age Pension eligibility. This required the Tribunal to consider the definition of an "asset" under the *Social Security Act 1991* and the provisions relating to "deprived assets" and their inclusion in an individual's asset valuation for pension purposes.

The Tribunal affirmed the decision to cancel Mr Bettington's Age Pension. It applied the provisions of the *Social Security Act 1991*, including sections 44 and 55, and the principles governing the calculation of an applicant's assets for the purpose of the assets test. The Tribunal's reasoning focused on the valuation of Mr Bettington's assets as at the relevant date, which included considering his former directorship and shareholding in Coolie Pastoral Co Pty Ltd, as well as a shareholder loan to the company. The Tribunal concluded that Mr Bettington's assets were indeed above the permissible limit.