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

This matter concerned an appeal by Ms Darcey against a decision of the Secretary of the Department of Social Services to suspend her Disability Support Pension (DSP) payments. The dispute arose because Ms Darcey was temporarily absent from Australia for more than 28 days, which impacted the portability of her pension. The Administrative Appeals Tribunal (AAT) was required to determine whether the Department had correctly exercised its power to suspend Ms Darcey's DSP payments.

The central legal issue was whether the maximum portability period for DSP payments could be extended in Ms Darcey's circumstances. Ms Darcey contended that the suspension of her payments was harsh, as a one-day delay in her travel would have meant her payments would not have been suspended. The Tribunal needed to consider the relevant provisions of the Social Security Act 1991 (Cth) governing pension portability and the circumstances under which the maximum portability period could be extended.

The Tribunal reasoned that the Act did not grant discretion to extend the maximum portability period in the circumstances presented by Ms Darcey. It identified that the only provisions allowing for an extension were those found in sections 1218C(1) and 1218AAA(1) of the Act. As Ms Darcey conceded that these specific circumstances did not apply to her situation, the Tribunal concluded that the Department had correctly suspended her payments. Consequently, Ms Darcey's appeal was dismissed, and the decision under review was affirmed.