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

This matter concerned an appeal by Mr Hewett against the cancellation of his Disability Support Pension (DSP) by the Secretary, Department of Social Services. Mr Hewett had travelled to India on two occasions, exceeding the 28-day portability period for his DSP. The Secretary cancelled his pension on the basis that he remained overseas for more than 13 weeks after the DSP had been suspended, and that he did not meet the criteria for an extended or unlimited portability period.

The Administrative Appeals Tribunal was required to determine whether Mr Hewett's absence from Australia qualified for an exception to the standard portability rules, thereby entitling him to continued DSP payments. Specifically, the Tribunal had to consider whether his travel to India constituted "eligible medical treatment" not available in Australia, or whether he met the criteria for an unlimited portability period due to a severe impairment.

The Tribunal reasoned that the legislative provisions for DSP portability, particularly section 1217 of the Act, stipulated a maximum portability period of 28 days in a 12-month period, with limited exceptions. While section 1212 allowed for extensions for eligible medical treatment not available in Australia, Mr Hewett provided no evidence that his glaucoma diagnosis was confirmed by an Australian medical practitioner, that the treatment he sought in India was not available in Australia, or that it was recommended or supervised by an Australian medical practitioner. Furthermore, the Tribunal found no evidence to support Mr Hewett's claim for unlimited portability under section 1218AAA, as there was no assessment demonstrating a severe impairment that would prevent him from working for at least five years. The Tribunal noted that Mr Hewett's interpretation of the Centrelink website did not override the clear provisions of the Act.

The Tribunal affirmed the decision to cancel Mr Hewett's DSP.