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

The Administrative Appeals Tribunal considered the matter of *Ivanova and Secretary, Department of Social Services (Social services second review)*. The dispute concerned the applicant's eligibility for an age pension, specifically whether her absence from Australia exceeding 26 weeks impacted her entitlement to portability. The applicant had been absent from Australia for a period longer than permitted for continued portability of her age pension.

The Tribunal was required to determine whether the applicant's absence from Australia for more than 26 weeks constituted a cessation of her Australian working life residence for the purposes of the *Social Security Act 1991* (Cth), and consequently, whether her age pension payments should be affected. The core legal issue was the interpretation and application of the portability provisions relating to extended absences from Australia.

The Tribunal affirmed the delegate's decision, finding that the applicant's absence from Australia for a period exceeding 26 weeks meant she was no longer entitled to portability of her age pension. The Senior Member applied the relevant provisions of the *Social Security Act 1991* (Cth) concerning portability and the conditions under which an age pension recipient can continue to receive payments while overseas. The Tribunal concluded that the applicant's extended absence triggered the cessation of portability, as per the legislative requirements.