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

This matter concerned an application by Ms Boland for a review of a decision by the Secretary of the Department of Social Services regarding the calculation of her Australian Working Life Residence (AWLR) for the purposes of determining her Age Pension rate. The Administrative Appeals Tribunal (AAT) was tasked with determining whether Ms Boland was an Australian resident during the period relevant to her AWLR.

The primary legal issue before the Tribunal was to determine Ms Boland's status as an Australian resident between 30 August 1995 and 21 January 2004, a period critical for calculating her AWLR. This determination required consideration of various factors outlined in the *Social Security Act 1991* (Cth), including the nature of her accommodation in Australia and overseas, the extent of her family and financial ties to Australia, and the frequency and duration of her travel outside Australia. Ms Boland contended that she was entitled to the full rate of the Age Pension, which necessitated an AWLR of at least 420 months, implying a continuous period of Australian residency.

The Tribunal considered whether Ms Boland could be regarded as a person who resides in Australia under subsection 7(2) of the *Social Security Act 1991*, and examined the factors listed in subsection 7(3). While Ms Boland owned a property in Bondi, NSW, which she rented out during her absence, and kept personal effects there until its sale in 2003, the Tribunal also considered her accommodation in the USA, which she described as temporary. Her returns to Australia were often to stay with her mother or friends and relatives, and her children resided with their father. The Tribunal was satisfied that Ms Boland was an Australian resident from 21 January 1969 to 30 August 1995.

Consequently, the Tribunal remitted the decision under review to the Secretary with the direction that Ms Boland's AWLR be calculated on the basis of her being an Australian resident from 21 January 1969 to 30 August 1995.