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

This matter concerned an appeal by Mr Huggins against the decision of the Secretary, Department of Social Services, to cancel his age pension. The core dispute revolved around Mr Huggins's eligibility for the Pension Bonus Scheme (PB Scheme) and whether his age pension had been correctly cancelled. The Tribunal was tasked with determining if Mr Huggins qualified for the PB Scheme and if the cancellation of his age pension was lawful.

The legal issues before the Tribunal were whether Mr Huggins was eligible to receive a pension bonus and whether his age pension was correctly cancelled on 24 July 2020. The PB Scheme requires members to meet a 'flexible work test' for at least 12 months, involving at least 960 hours of gainful work annually, with a significant portion performed in Australia. Furthermore, a prerequisite for receiving a pension bonus is eligibility for the age pension itself.

The Tribunal found that Mr Huggins had not met the requirements for the PB Scheme. While acknowledging Mr Huggins's dedication to work and his active lifestyle, the Tribunal noted that the initial premise for his eligibility for the PB Scheme was his qualification for the age pension. The Tribunal observed that Mr Huggins's eligibility for the age pension was not definitively assessed until he applied in August 2019, at which point his claim was rejected, and his pension subsequently cancelled in March 2020. The Tribunal indicated that Mr Huggins's combined assets likely exceeded the allowable limit for an age pension for a significant period, which would have precluded him from receiving the age pension and, consequently, the pension bonus. The Tribunal affirmed the decision under review.