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

The Administrative Appeals Tribunal considered the eligibility of Mr Grover for a disability support pension. The Secretary of the Department of Social Services opposed Mr Grover's claim. The central dispute concerned whether Mr Grover met the legislative requirements for the pension, specifically the residence criteria at the time he became unable to work.

The Tribunal was required to determine if Mr Grover satisfied the medical requirements for a disability support pension, including having a physical, intellectual, or psychiatric impairment with a specified impairment rating and a continuing inability to work. Crucially, the Tribunal also had to ascertain whether Mr Grover met the Australian residence requirements at the point he first satisfied the criteria for a continuing inability to work, or if he met alternative residence provisions.

The Tribunal found that Mr Grover satisfied the medical requirements for the disability support pension, as evidenced by reports indicating an IQ of 40 and a paediatric neurologist's opinion that he was unable to work due to intellectual disability and autism spectrum disorder. However, the Tribunal determined that Mr Grover did not meet the Australian residence requirements. Specifically, he was not an Australian resident at the time he first satisfied the criteria for a continuing inability to work, nor did he meet the alternative criteria relating to 10 years of qualifying Australian residence or being a dependent child who became an Australian resident. Consequently, the Tribunal affirmed the decision under review, finding Mr Grover ineligible for the disability support pension.