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

This matter concerned an appeal by Mr Harrison against a decision of the Secretary of the Department of Social Services. The dispute centred on Mr Harrison's eligibility for the age pension and family tax benefit, and whether an overpayment of family tax benefit to him constituted a debt to the Commonwealth that should be waived. The decision was made by Dr L Bygrave, Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether Mr Harrison was residentially qualified to receive the age pension, and whether he was an Australian resident for the purposes of receiving the family tax benefit. Further, the Tribunal was required to determine if any overpayment of family tax benefit to Mr Harrison was a debt to the Commonwealth and, if so, whether that debt should be waived.

The Tribunal considered Mr Harrison's residency in Australia in light of the requirements of the *Social Security Act*. For the age pension, this required 10 years of qualifying Australian residence. The Tribunal found that Mr Harrison had only resided in Australia for a total of 3 years and 4 months, which did not meet the 10-year requirement. This conclusion was based on an analysis of his travel records, employment history, property ownership, and family ties, which indicated a pattern of overseas travel and work rather than permanent residence in Australia. The Tribunal also noted that Mr Harrison had provided inconsistent evidence regarding his residency and employment.

Consequently, the Tribunal affirmed the decision that Mr Harrison was not residentially qualified for the age pension and was not an Australian resident for the purposes of the family tax benefit. The Tribunal also found that Mr Harrison had been overpaid family tax benefit and that this constituted a debt to the Commonwealth, which it did not waive.