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

This matter concerned an appeal by Mr Hackett against a decision by the Secretary of the Department of Social Services affirming a refusal to grant him an Age Pension. The central dispute revolved around whether Mr Hackett met the residency requirements for the Age Pension at the time he lodged his claim and in the subsequent 13-week qualification period. The case was heard by Dr I Alexander, Senior Member.

The primary legal issue before the Tribunal was whether Mr Hackett was an "Australian resident" for the purposes of the *Social Security Act 1991* (Cth) during the relevant qualification period. This required the Tribunal to consider the factors outlined in section 7(3) of the Act, which include the nature of accommodation used in Australia, the extent of family relationships in Australia, the nature and extent of employment, business or financial ties with Australia, the location of assets, the frequency and duration of travel outside Australia, and any other matter relevant to determining an intention to remain permanently in Australia.

The Tribunal reasoned that Mr Hackett did not satisfy the residency requirements. While he was physically in Australia when he lodged his claim and had some financial ties, such as a superannuation fund and a bank account, his primary residence and sole property were located overseas in Scotland. His accommodation in Australia was temporary, consisting of house-sitting and renting a granny flat without a formal agreement, and he maintained his Scottish property as his home. Furthermore, his children had relocated to Scotland, influencing his decision to divide his time between Australia and Scotland. The Tribunal concluded that these factors, particularly the overseas property and the nature of his Australian accommodation, indicated that he did not intend to remain permanently in Australia.

Consequently, the Tribunal found that Mr Hackett did not satisfy section 29 of the *Social Security (Administration) Act 1999* (Cth), which requires a claimant to be an Australian resident and in Australia. The decision under review, which affirmed the refusal of the Age Pension, was therefore affirmed.