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

[2021] AATA 3920

Farooq and Secretary, Department of Social Services (Social services second review) [2021] AATA 3920 (27 October 2021)

Division:GENERAL DIVISION

File Numbers:2019/7396         

2019/7397

2019/7398

Re:Madiha Farooq  

APPLICANT

AndSecretary, Department of Social Services

RESPONDENT

DECISION

Tribunal:Senior Member A Poljak

Date:27 October 2021

Place:Sydney

The decisions under review are set aside and in substitution I find:

(a)The portability period for the applicant’s CP and CA should be extended from 17 January 2019 to 17 July 2019 in accordance with section 1218C of the SS Act.

(b)The portability period for the applicant’s FTB A and B should be extended from 17 January 2019 to 17 July 2019 in accordance with section 24 of the FA Act.

...................................[sgd].....................................

Senior Member A Poljak

CATCHWORDS

FAMILY ASSISTANCE AND SOCIAL SECURITY – carer payment – carer allowance – family tax benefit A – family tax benefit B – portability – whether portability period should be extended – where applicant was absent from Australia for six months – serious accident and illness – legal proceedings – serious crime – political or social unrest or war – decisions under review set aside and substituted

LEGISLATION

A New Tax System (Family Assistance) Act 1999 (Cth) s 24

Social Security Act 1991 (Cth) ss 1215, 1217, 1218C

REASONS FOR DECISION

Senior Member A Poljak

27 October 2021

1. At all material times, Mrs Farooq, the applicant, has been married to Mr Aslam. The applicant and Mr Aslam have three children: born in 2009, 2010 and 2017.

2. Mr Aslam receives Disability Support Pension (DSP) and has been granted unlimited portability for his DSP.

3. On 25 April 2012, the applicant was granted Carer Payment (CP) and Carer Allowance (CA) for the care she provides to her husband, Mr Aslam. At the date of hearing, she continued to receive CP and CA. The applicant also receives Family Tax Benefit A and B (FTB A and B) payments for her three children.

4. On 6 December 2018, the applicant, Mr Aslam and their three children travelled to Pakistan. On 16 January 2019, 42 days after departing Australia, the applicant remained overseas with her family.

5. On 11 April 2019, the Department decided, based on a Health Professional Advisory Unit Opinion (HPAU) report dated 10 April 2019, to extend payment of CP, CA and FTB A and B to the applicant from 17 January 2019 to 17 April 2019. On 4 June 2019, the Department made a further decision not to extend payment of CP, CA and FTB A and B to the applicant beyond 17 April 2019. On 3 July 2019, an authorised review officer (ARO) of the Department affirmed the decision made on 4 June 2019.

6. The applicant, Mr Aslam and their three children returned to Australia on 18 July 2019.

   7.The decision under review in these proceedings is the decision made by the Social Services & Child Support Division of this Tribunal (SSCSD) on 21 October 2019. The SSCSD set aside the decision of the ARO made on 3 July 2019 and in substitution decided:

   The decision under review is set aside and in substitution, the Tribunal decides that Mrs Madiha Farooq should not be granted an extension of her portability for the payment of Carer Payment, Carer Allowance, Family Tax Benefit A and Family Tax Benefit B for the period from 17 January 2019 to 17 July 2019 in accordance with section 1218C of the Social Security Act 1991 and section 24 of the A New Tax System (Family Assistance) Act 1999.

   ISSUES

7. The issues for determination in these proceedings are:

   (a)Whether the portability period for the applicant’s CP and CA should be extended from 17 January 2019 to 17 July 2019 in accordance with section 1218C of the Social Security Act 1991 (Cth) (the SSAct);

   (b)Whether the portability period for the applicant’s FTB A and B should be extended from 17 January 2019 to 17 July 2019 in accordance with section 24 of the A New Tax System (Family Assistance) Act 1999 (Cth) (the FA Act).

   PORTABILITY

8. Section 1217 of the SS Act sets out portability provisions for CP and CA. The general portability for CP and CA is a total of 42 days. Section 1215 of the SS Act provides that a person’s social security payment is not payable if they remain absent from Australia after their maximum portability period has ended.

9. Section 1218C of the SS Act provides for a discretion to extend a person’s portability period if the Secretary (the Tribunal) is satisfied the person is unable to return to Australia because of any of the events specified in subsection 1218C(1), provided “the event occurred or began during the period of absence” in accordance with subsection 1218C(2).

10. Relevant events under subsection 1218C(1) include:

    (a)a serious accident involving the person or a family member of the person;

    (b)a serious illness involving the person or a family member of the person;

    (c)a legal requirement for the person to remain outside Australia in connection with criminal proceedings (other than criminal proceedings in respect of a crime alleged to have been committed by the person),

    (d)robbery or serious crime committed against the person or a family member of the person; and

    (e)political or social unrest, or war, in the country in which the person is located.

11. Section 24 of the FA Act sets out the effect of certain absences of a FTB child from Australia and provides a maximum period of eligibility for FTB while overseas of six weeks.

12. However, subsection 24(7) of the FA Act provides that this period may be extended if the Secretary (the Tribunal) is satisfied that the person is unable to return to Australia because of any of the events specified in subsection 24(7), provided “the event occurred or began during the initial period [of six weeks]” in accordance with subsection 24(8).

    RELEVANT ASPECTS OF THE EVIDENCE AND CONSIDERATION

13. The applicant claims that she was unable to return to Australia prior to 18 July 2019 due to serious illness and hospitalisation of family members, ongoing legal proceedings in Pakistan and the cancellation of direct flights between Lahore and Bangkok until 16 July 2019.

14. The respondent contends that there are serious questions raised about the authenticity of the documentary evidence advanced by the applicant in these proceedings, and about her and Mr Aslam’s credibility.

    The “serious accident” / “serious illness” grounds

15. The applicant claims that she, Mr Aslam and her children all suffered serious medical conditions which prevented them from returning to Australia.

    The applicant’s children

16. The applicant has provided clinical notes for her three children.

    (a)Regarding the applicant’s 8-year-old child, the Paediatric Department of the National Hospital and Medical Centre (NHMC) dated 27 January 2019, record that she had fever, abdominal pain, and vomiting. It notes “Not fit for travelling for two weeks”. NHMC clinical notes dated 6 February 2019, record a complaint of vomiting. It was advised “rest for 3 days”.

    (b)Regarding the applicant’s 9-year-old child, clinical notes from Lahore General Hospital Trauma Centre dated 13 January 2019, record presenting complains as “high grade fever and generalised weakness” with a history of high-grade fever, vomiting and loose motions. A differential diagnosis included, typhoid fever, gastroenteritis and malaria; treatments were prescribed for 10-days, and it was advised “complete bed rest for one month. Take mineral water”. NHMC clinical notes dated 20 February 2019, record nose blockage and ear pain, on observation, both ear canals were congested. It is noted “ear canal congested travelling not advised”.

    (c)Regarding the applicant’s youngest child, NHMC clinical notes dated 27 January 2019 record a presentation of URTI (Upper Respiratory Infection). The notes advise “Not fit for travelling for 3 weeks”.

17. Having regard to the clinical notes and evidence provided for the applicant’s three children, it is plain that they suffered serious medical conditions from at least 13 January 2019, being the first date of admission to hospital. While 17 February 2019 is the approximate date that all recommended rest periods concluded, NHMC clinical notes dated 20 February 2019 still advised against travel due to one of the applicant’s children suffering from ear canal congestion. There is no recommended end date recorded and I suspect that this could be dependent on the effectiveness of treatment.

18. The respondent contends that parts of the Lahore General Hospital and NHMC clinical notes are added and in different handwriting to the rest of the documents, purportedly to allege that the notes are not authentic. Without the assistance of an expert’s opinion, I cannot find definitively either way but on the face of the document, I cannot see any distinct difference between the handwriting in the Lahore General Hospital and NHMC clinical notes. I am not convinced that there is any other reason to find that the clinical notes are not authentic.

    The applicant

19. On 25 January 2019, the applicant presented to Lahore General Hospital with vomiting, diarrhea, and abdominal pain. She was dehydrated and admitted to hospital for one week. The clinical notes record a differential diagnosis of gastroenteritis.

20. In a medical certificate dated 11 June 2019, Professor Dr Muhammad Saeed Khokhar, physician and gastroenterologist at Services Hospital Lahore, advised that the applicant had presented to hospital complaining of fever and abdominal discomfort. She was diagnosed with typhoid fever and admitted to hospital multiple times. He advised that she was hospitalised in March, April, and May for 10 days. Professor Khokhar advised that he examined the applicant and diagnosed her “as a case of depression”. He prescribed her medication for “good health and recovery”.

21. In a medical certificate dated 26 June 2019, Professor Khokhar advised that the applicant presented with severe knee pain in “rt knee” after “falling from stairs”. He recorded that after presenting to hospital on 15 June 2019, an x-ray of her knee showed a patella fracture. She was admitted to hospital for 10 days because of pain. Professor Khokhar advised that she was not allowed to travel for the next two weeks.

22. The applicant has provided a copy of the x-ray performed on her left leg on 15 June 2019.

23. In a letter dated 24 January 2020, Professor Khokhar, advised that the applicant came to him in June 2019. She had presented to hospital with typhoid fever and gastroenteritis. He advised that he certified a medical certificate for the applicant on 11 June 2019 and that the applicant was hospitalized multiple times in March, April and May 2019 with different diagnoses including a patella fracture on 15 June 2019.

    Mr Aslam

24. On 14 January 2019, Mr Aslam presented to Lahore General Hospital with a fever, shortness of breath and productive cough. Provisional diagnosis is recorded in the clinical notes as “lobar pneumonia”. Bed rest for three weeks was advised.

25. Clinical notes from Lahore General Hospital dated 25 January 2019, record that Mr Aslam presented with lower back pain. Under history “bike accident” is recorded. Mr Aslam underwent radiology and the clinical notes record mid slip LS sphere on L4/5, degenerative change. The notes appear to say to prepare patient for decompression surgery.

26. On 9 February 2019, Mr Aslam presented to Lahore General Hospital with lower back ache. The clinical notes recorded the recent history of Mr Aslam and stated:

    “Due to RTA, he was admitted in ER then he shifted to surgical ward. He had severe backache, stayed in hospital for 15 days then he got discharged on 5 February. When he went home he fell down from stairs and came to us c/o severe back pain radiating to Rt leg. Xray showed Rt patella fracture which was hair line so he further admitted in hospital for next 1 month.”

27. On 3 March 2019, Mr Aslam presented to Lahore General Hospital with diarrhea, vomiting and abdominal pain. The clinical notes record that Mr Aslam had 5-6 episodes of vomiting in last three hours. He was admitted to hospital for five days with dehydration. Diagnosis was recorded as gastroenteritis.

28. On 12 March 2019, Mr Aslam presented to Lahore General Hospital with fever and a pimple over his right eye. The clinical notes record that he stayed in hospital for two days.

29. In a medical certificate dated 24 March 2019, Professor Dr Muhammad Hanif Mian, orthopaedic surgeon at Lahore General Hospital, noted the medical history of Mr Aslam. He advised that Mr Aslam remained under medical and surgical care and that he was admitted in January for serious CSOM problems. By the end of January, he had RTA, got severe backache and got Grand III-disc slip. He has a history of severe backache and depression and phobia and is under medication. In February, he was advised complete bed rest here and required medical close supervision. He also had problems with gastroenteritis in March 2019, and remained admitted to hospital for 15 days, and in hospital required complete supervision and review. Due to viral infection he developed a stye of right eye. Professor Mian concludes “[l]astly and mostly he is a case of severe backache and spine, resp Grand III and required admission to hospital. He can’t travel at this moment. His wife should be accompanied with him as a caretaker and she should be with him, and we are very helpful in providing patient diagnosis and management. He should be under supervision due to his…backache, that reason is why admitted in hospital till 10^th of April 2019”.

30. In a medical certificate dated 29 April 2019, Professor Mian, advised that Mr Aslam complained of backache and queried cord impingement syndrome. He said Mr Aslam now complained of pain in lower leg along L4, L5 nerve roots and would remain under supervision and remain admitted and under care until 15 May 2019.  

31. In a medical certificate dated 1 June 2019, Professor Mian, advised that Mr Aslam had been in hospital for the last four months under his supervision. He said Mr Aslam was fully recovered and was now to be discharged. He noted that Mr Aslam would not be able to travel for a further two weeks.

32. In a letter dated 15 July 2019, the medical superintendent of Lahore General Hospital, summarises Mr Aslam’s history of admittance in hospital. He advised that on request of Mr Aslam’s family, he conducted a review of his health record. He confirmed that Mr Aslam first attended Lahore General Hospital on 14 January 2019 and was admitted for five days. On 25 January 2019, Mr Aslam was again admitted with an injury from a “newly serious motor accident”. The medical superintendent noted “[a]s Hospital Record Patient diagnose with spine fracture and due to his serious health conditions he admitted in hospital many months”. He confirmed that due to Mr Aslam’s serious conditions it was not possible for him to travel during the period of sickness and treating doctors did not allow him to travel from January 2019 until end of June 2019. He also said “[p]atient remained under treatment in hospital from 14 Jan 2019 and after recovery he discharged from hospital on dated: 01/06/2019”.

33. On 29 June 2019, Mr Aslam attended Lahore General Hospital presenting with backache. The clinical notes state:

    Pt Presented to me è c/o severe Pain on his back. He was not able to walk because of his backache. He had a slight disc Prolapse. He arrived in hospital at 6:20pm & got admitted for 4 days. He is not allowed to travel for next Two weeks.

    Authenticity of Documents

34. The respondent contends that the bulk of the medical records and the medical superintendent letter are not authentic. The basis for this appears to be that the notes “do not have a professional ring of authenticity”. The respondent contends that the handwriting and some terms used in the documents are similar; the applicant and Mr Aslam presented with similar symptoms of gastroenteritis in January and March 2019;  the applicant and Mr Aslam both suffered a patella fracture from falling from stairs in February and June 2019; that the x-ray image provided by the applicant is for the wrong knee; and the volume and nature of the medical conditions affecting the applicant and her family members.

35. As with the medical evidence of the children, I fail to see the inconsistencies and/or consistencies in the handwriting which the respondent alleges. Without a handwriting expert to verify the allegations of the respondent, I am not able to definitively find that the handwriting across some of the medical records is the same, or that aspects of the records were added later and in different handwriting to the original author.

36. The medical superintendent of Lahore General Hospital addresses the authenticity of documents provided in a letter dated 11 June 2020 (medical superintendent letter). He confirmed that Services Hospital Lahore Pakistan and General Hospital Lahore Pakistan are government hospitals, and both have the same Administrative office. He stated all medical certificates and letters issued from government hospitals are likely to be written and signed by available staff on duty according to the dictation of senior doctors and hospital records. In the letter, the medical superintendent lists several documents and confirms that they were all issued by the Administrative office. The documents listed in the medical superintendent letter are the documents provided by the applicant in these proceedings and are discussed above.

37. In reviewing the records, I am convinced that a medical professional most likely wrote or dictated the notes. They describe the applicant and her family members presenting complaints, use medical jargon, detail provisional diagnoses, detail recommended treatments, note appropriate referrals where applicable and detail medication dosages. It is unlikely that the applicant could have forged the documents when they contain such detail. Any minor inconsistencies in the medical records and notes provided, are most likely due to the authors of the documents not having English as a first language.

38. If the respondent claims that the volume of medical conditions and recommended treatments are unbelievable or unnecessary, independent expert medical evidence would need to be tendered to support such a claim. It was not. What is plain to me is that the applicant, her children, and Mr Aslam suffered from either typhoid fever or gastroenteritis in early 2019. They all presented with similar complaints and received similar treatment. The cause of the illness is unknown however, it is not farfetched to assume, as immediate family members, that they were all exposed to the same bacteria or virus which resulted in their similar illnesses.

39. Unfortunately for the applicant and Mr Aslam, they both continued to suffer numerous medical complaints until July 2019. The applicant has also provided numerous statements which support the available medical evidence. Particularly that the applicant was hospitalised on numerous occasions in March, April, May and July 2019 and that Mr Aslam was hospitalised extensively over a period of at least four months. Relevant aspects of the evidence are summarised below.

40. In a letter dated 20 May 2019, the investigation officer in charge of District Kasur Police, outlines numerous Police cases in which Mr Aslam and the applicant are main witnesses. The letter states that the court proceedings are currently adjourned due to Mr Aslam “admitted in hospital”. It notes “[h]ospital documents [are] on police file”.

41. Sayed Jamil Moosawi provided a statutory declaration in these proceedings dated 1 November 2019. He said that on 26 January 2019, he called Mr Aslam on the phone but it was picked up by the applicant. She was “very disturbed because the accident” of Mr Aslam. After that, he said mostly every week he visited the hospital to see Mr Aslam. He said he was helping the family in a hard situation and witnessed the applicant present in hospital taking care of Mr Aslam. In the statement, Mr Moosawi confirmed that Mr Aslam was “mostly admitted in the hospital for nearly five months. I also attest the mostly of medical documents for giving by doctors in my presence to [Mr Aslam and the applicant] because I was there in hospital”.

1. Mr Moosawi gave evidence orally at hearing. He confirmed that he witnessed the applicant and Mr Aslam in hospital, and he visited them many times. He said they were not able to come back to Australia before 17 July 2019.

2. In a letter dated 7 February 2020, Sarfraz Khan, a crime reporter for Lahore News, confirmed that he was reporting on Mr Aslam and the applicant as they were “affected by illegal property Mafia of Pakistan”. He said the family was “hot in local news due to negligence of police and Government Authorities”. Mr Khan said he visited the hospital with his team for news updates on the family and said Mr Aslam was hospitalised from January 2019 to June 2019 and the applicant was hospitalised during March, April, May, and July 2019.  Mr Khan was available at hearing for cross examination. His statement was not challenged.

3. Mr Maqsood Ahmad provided a statement in these proceedings dated 12 February 2020. He advised that he held Power of Attorney for Mr Aslam and was handling all Court matters in Pakistan. He said that Mr Aslam was hospitalised from January 2019 to June 2019 and the applicant was also admitted a couple of times. Mr Ahmad confirmed that he visited Mr Aslam in hospital every day because he was handling the court matters and his wife looked after the applicant in hospital during her admissions in March, April, and May. He said the applicant was hospitalised on 15 June for 10 days because of an accident.

4. A close relative of the applicant, Manzoor Hussain, said in a statement dated 8 June 2020, the applicant had a fractured knee in 15 June 2019, was hospitalised for 10 days and was discharged on 25 June 2019. Similarly, M. Anwar, a friend of the applicant’s brother, said in a statement dated 8 June 2020, that he remembered the applicant had a fractured knee on 15 June 2019, was hospitalised for 10 days and discharged on 25 June 2019. He said Mr Aslam was very sick and hospitalised for a long time.

5. Mr Hussain gave evidence orally at hearing. He confirmed that he wrote the statement dated 8 June 2020 and confirmed that the applicant fractured her left knee and was taken to hospital on 15 June 2019. He also confirmed that the applicant first became sick in January 2019 and then continued to be unwell.

6. Muhammad Kashif provided a statement dated 8 June 2020. He said he was an eyewitness to Mr Aslam’s accident on 25 June 2019. He said at the time, Mr Aslam was being taken to hospital on a motorbike rickshaw. Because of the short streets, Mr Kashif said motorcycle rickshaws are used to transport patients and families. He said they had an accident in which Mr Aslam fell backwards and “[w]e all picked them up and took them to Nearest Hospital General Hospital”.

7. The respondent requested Professor Khokhar for cross examination, but he was unavailable as he had allegedly resigned from the health department. The Tribunal attempted to contact Professor Khokhar during hearing on his office phone number and emergency phone number to no avail. At hearing, the applicant called Dr Arfa, the doctor who allegedly treated the applicant in hospital, and made her available to give evidence. The respondent did not ask any questions of Dr Arfa.

8. Regarding the applicant’s fractured knee, I am not convinced that the medical records in this regard are not authentic. The x-ray image of the applicant’s left knee, and the evidence provided by the applicant and Mr Hussain, support a finding that she fractured her left patella. The medical notes for the applicant do not clearly specify which knee the applicant fractured except for the letter of Professor Khokhar dated 26 June 2019, in which he recorded that the applicant complained of severe pain in her “rt knee”. I am not convinced that this is sufficient to establish that the document is not authentic or that the applicant never suffered a knee fracture. The simple and more obvious reason for the discrepancy in the letter of Professor Khokhar is that it was a mistake, taking into account the writer of the letter may not have English as their first language.

9. At hearing, the respondent took issue with an email from Professor Khokhar to the respondent dated 28 January 2020. The email verified the letter from June 2019 and attached a copy of the letter dated 24 January 2020. The respondent accused the applicant of creating the email address for Professor Khokhar, making up a fictitious phone number and stamping and signing the letter attached to the email. At hearing, the respondent also accused the applicant of preparing a document dated 15 June 2019, stated to be from Mr Qaisrani of the Kasur District Police saying that Mr Aslam retired on 14 June 2019. The applicant advised that she received the letter from her lawyer in Pakistan as it was already on file with the Court.

10. Other than speculation, there is no objective evidence before me to support a finding that these documents are not genuine. I do not accept the respondent’s contentions that the applicant or Mr Aslam forged the stated documents, nor created an email address for Professor Khokhar and fabricated phone numbers. There is no evidence to support these claims.

    Legal Proceedings

11. The applicant and Mr Aslam’s evidence before the SSCSD was that they returned to Pakistan on 6 December 2018 in relation to ongoing legal proceedings which had been continuing for several years and related to a number of matters including the death of Mr Aslam’s father and brother, and a fire at the home they own in Pakistan.

12. In a letter addressed to Mr Aslam and the applicant from Khalid Masood, lawyer, dated 21 November 2018, they were informed that they were required for cross-examination in Lahore Court of Law commencing on 12 December 2018. Mr Masood also advised that preparation for legal proceedings in relation to “the matter of house fire” would begin on 10 December 2018 and “proceedings start in matter of house fire incident” on 13 January 2019. Mr Masood’s letter intimates that Mr Aslam and the applicant are merely witnesses and victims and are not being prosecuted for an alleged crime.

13. While I do not dispute that the applicant was involved in legal proceedings, the proceedings commenced prior to their travel to Pakistan.

14. Subsection 1218C(2)(a) of the SS Act and subsection 24(8) of the FA Act, relevantly provide that a person’s portability period must not be extended unless the event occurred or began during the period of absence.

15. In a letter dated 12 June 2019, Muhammad Abid Sharif Sethi, attorney at law from Arham Law Associates, advised that the applicant and Mr Aslam were not allowed to travel out of the country without permission of the Court and until they had completed witness statements in Court; the next hearing dates being 11, 13 and 17 June 2019.

16. The respondent appears to claim that there is an inconsistency in the applicant’s evidence such that he was in hospital at the time he was to give evidence in Court and claims that this supports a finding that the medical evidence is not authentic. However, Mr Aslam was discharged from hospital on 1 June 2019. Although he was not able to travel for two weeks, he was not admitted in hospital and there is no other available evidence to show he was unable to provide witness statements on the dates specified. He was not re-admitted to hospital until 29 June 2019.

    Thai Airways

17. On 22 August 2019, Mr Aslam made a written complaint to Thai Airways. Mr Aslam advised that due to the sickness of his children he adjourned his flight from 10 February 2019 to 17 March 2019. He said in his complaint that he and his family had wanted to return to Australia on 17 March 2019 but could not do so because of airspace closures which prevented Thai Airways from flying until 16 July 2019. Mr Aslam claims that from February until 16 July, he was stuck in Pakistan without a job or income. He goes on to claim, amongst other things, car rental expenses and “loss of income $20,000 Australian Dollars”.

18. In response to Mr Aslam’s complaint, Thai Airways advised in an email dated 23 August 2019, that the period of airspace closure and flight cancellations was from 27 February to 16 July 2019. The airspace was initially closed due to a military air incident and ongoing political rhetoric between India and Pakistan.

19. In any event, the cancellation of flights is not an event caught by subsection 1218C(1) of the SS Act or subsection 24(7) of the FA Act.

20. The claims of Mr Aslam regarding his loss of income is inconsistent with him receiving DSP. There is also no mention in the complaint letter about Mr Aslam’s medical condition and his extended stay in hospital nor the seizure of the applicant’s and Mr Aslam’s passports contributing to their extended stay in Pakistan. While his claims may be false in this instance, I am not convinced that this omission puts into question the authenticity of the breadth of the medical evidence provided in these proceedings. Especially when there is no objective evidence to support such a finding.

    DECISION

21. I have extensively considered the available evidence and I am satisfied that the applicant was unable to return to Australia until 17 July 2019 due to extensive and numerous serious medical illnesses and accidents suffered by herself, her three children and her husband during January to July 2019. The first admission to hospital occurred in January 2019 and on advice of medical professionals, they were not able to travel until mid-July 2019.  

22. The decisions under review are set aside and in substitution I find:

    (a)The portability period for the applicant’s CP and CA should be extended from 17 January 2019 to 17 July 2019 in accordance with section 1218C of the SS Act.

    (b)The portability period for the applicant’s FTB A and B should be extended from 17 January 2019 to 17 July 2019 in accordance with section 24 of the FA Act.

I certify that the preceding 64 (sixty-four) paragraphs are a true copy of the reasons for the decision herein of Senior Member A Poljak

...............................[sgd].........................................

Associate

Dated: 27 October 2021

Dates of hearing:	21 August 2020, 8 September 2020, 26 February 2021
Advocate for the Applicant:	Mr F Aslam
Solicitors for the Respondent:	Dr S Thompson, Services Australia