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

This matter concerned an appeal by Mr Gerace against a decision of the Administrative Appeals Tribunal (Social Services & Child Support Division) that suspended his disability support pension. Mr Gerace had been receiving the pension since 1991, with a period of suspension between 1996 and 2001. The suspension in question occurred between 14 August 2019 and 11 September 2019, following two overseas trips to Italy in 2018 and 2019. The Secretary's decision to suspend the pension was based on the assertion that Mr Gerace had exceeded the maximum portability entitlement of 28 days in a 12-month period, as stipulated by section 1217(1) of the *Social Security Act 1991* (Cth).

The primary legal issue before the Tribunal was whether Mr Gerace had exceeded his portability entitlement for his disability support pension, thereby justifying the suspension of payments. This required an examination of the duration of his absences from Australia and the application of the portability provisions under the *Social Security Act 1991* (Cth). A critical factual development during the hearing was the revelation that Mr Gerace had been determined by the Secretary to be a 'severely impaired disability support pensioner'.

The Tribunal found that Mr Gerace was entitled to his disability support pension for the period of suspension. This was because, at the time of his departure on 15 August 2018, Mr Gerace held the status of a 'severely impaired disability support pensioner'. This status conferred an entitlement to unlimited portability, meaning the usual 28-day limit did not apply. Consequently, the duration of his overseas travel was irrelevant to his eligibility for the pension during the period in question. The Tribunal set aside the previous decision and substituted a new decision granting Mr Gerace his disability support pension for the period from 14 August 2019 to 11 September 2019.