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

This matter concerned an application by the applicant, Farooq, for an extension of the portability period for her carer payment, carer allowance, family tax benefit A, and family tax benefit B. The applicant had been absent from Australia for a period exceeding the standard six-week portability limit. The Secretary of the Department of Social Services had refused to extend this period, leading to the applicant seeking a review of that decision before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant was unable to return to Australia within the prescribed portability period due to circumstances specified in the relevant legislation, namely subsection 24(7) of the Family Assistance Act 1991 (Cth) and subsection 1218C of the Social Security Act 1991 (Cth). These provisions allow for an extension of the portability period if the Secretary is satisfied that the person was unable to return due to a serious accident, serious illness, legal proceedings, or political or social unrest or war, provided the event occurred or began during the initial portability period.

The Tribunal considered evidence of serious medical conditions affecting the applicant, her three children, and her husband, which commenced in January 2019 and continued until mid-July 2019. Medical documentation indicated that the applicant and her children were advised by medical professionals not to travel during this period. While the respondent raised concerns about the authenticity of some evidence and the credibility of the applicant and her husband, the Tribunal found that the medical evidence, particularly concerning the children's illnesses, was sufficiently compelling to establish that the applicant was unable to return to Australia until 17 July 2019. The Tribunal was satisfied that the conditions met the criteria for an extension under the relevant legislative provisions.

Consequently, the Tribunal set aside the decisions under review. In substitution, it ordered that the portability period for the applicant's carer payment and carer allowance be extended from 17 January 2019 to 17 July 2019, and similarly, the portability period for her family tax benefit A and B be extended for the same period.