Halina Wroblewska-Drag and Secretary, Department of Social Services

[2014] AATA 559

[2014] AATA 559 

Division	GENERAL ADMINISTRATIVE DIVISION
File Number(s)	2013/6784
Re	Halina Wroblewska-Drag
APPLICANT
And	Secretary, Department of Social Services
RESPONDENT

DECISION

Tribunal	Ms A F Cunningham (Senior Member)
Date	26 May 2014
Date of Written Reasons	5 August 2014
Place	Perth

The decision under review is affirmed.

...(Sgd) A F Cunningham..................

Ms A F Cunningham (Senior Member)

CATCHWORDS

Social Security - portability of payments - cancellation of  benefits whilst applicant was overseas for more than 6 weeks, decision under review affirmed

LEGISLATION

Social Security Act 1991

WRITTEN REASONS FOR ORAL DECISION

Ms A F Cunningham (Senior Member)

5 August 2014

1. This was an appeal of a decision of the Social Security Appeals Tribunal made on 18 November 2013 which affirmed a decision of Centrelink to cancel the applicant, Ms Wroblewska-Drag’s pension, pensioner concession card and cease payment of the clean energy supplement and reduce her rate of pension supplement.

2. I am satisfied on the evidence that Ms Wroblewska-Drag was overseas between 2 May 2013 and 5 July 2013 and that she had contacted a Centrelink officer on 25 March 2013 to advise of her absence as she was obliged to do. On the following day Ms Wroblewska-Drag received a letter from Centrelink advising that after 42 days her clean energy supplement would no longer be paid, that her pensioner concession card would be cancelled and that her pension supplement would be reduced to the base rate. I am satisfied that that occurred and that those payments were reduced accordingly.

3. Ms Wroblewska-Drag said that by the time she had received this advice it was too late for her to change her airline ticket.  I accept that financially it would not have been worthwhile changing the ticket because the new ticket would have been much more expensive. I was informed by the respondent that the total loss of benefits for the relevant period was $83. In the circumstances it appears that Ms Wroblewska-Drag made the right decision not to change her ticket.

4. Ms Wroblewska-Drag asked the Tribunal to extend the permitted period of absence from six weeks to 13 weeks because she intends to travel overseas on a future occasion to look after her family. However as I have explained, I do not have the power to extend the period which is enacted by Chapter 4 of the Social Security Act 1991.  Under S1217(5) payment of Ms Wroblewska-Drag’s age pension continues during her absence from Australia for an unlimited period.   However none of the exemption or extension provisions in the Act are relevant to Ms Wroblewska-Drag’s circumstances with respect to her other benefits.

5. I am satisfied on the evidence presented that the decision under review was correctly made in accordance with the provisions of the Social Security Act 1991 and that the rates of pension were calculated in accordance with the pension rate calculator in the Act. I am further satisfied that the payments were reduced following Ms Wroblewska-Drag’s period of absence of more than six weeks and that she was in receipt of a Greek pension prior to and following that date. There is no discretion available under the relevant legislation that would allow me to make a decision other than the decision that is the subject of this review or to take into account any of the factors that have been raised by Ms Wroblewska-Drag.

6. For the above reasons I affirm the decision under review.

I certify that the preceding 6 (six) paragraphs are a true copy of the reasons for the decision herein of Ms A F Cunningham (Senior Member)

...(Sgd) T Freeman............

Associate

Dated  5 August 2014

Date of hearing	26 May 2014
Applicant	In person
Representative for the Respondent	Ms A Ladhams Australian Government Solicitor