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

The Administrative Appeals Tribunal considered an application for an age pension made by Ms. Khanna against the Secretary of the Department of Social Services. The applicant sought review of the Department's decision to refuse her age pension, which was based on the grounds that she did not meet the residency requirements stipulated by the *Social Security Act 1991* (Cth).

The primary legal issue before the Tribunal was whether the applicant qualified for the age pension, specifically concerning the definition of "qualifying Australian residence" as outlined in section 43 of the Act. This required the Tribunal to determine if the applicant had accumulated the necessary period of Australian residence, either continuously or in aggregate, as defined by subsection 7(5) of the Act, and whether she met the definition of an "Australian resident" under subsection 7(2).

The Tribunal noted that the applicant met the definition of an Australian resident, having resided in Australia as a permanent resident since 2010. However, the central question revolved around the calculation of her qualifying Australian residence. The Tribunal accepted the Department's travel records over the applicant's in instances of discrepancy. For the purpose of calculating the required residency period, the relevant timeframe was from the date of the application (23 November 2020) for 13 weeks thereafter, as provided by clause 4(1) of Schedule 2 of the *Social Security (Administration) Act 1999* (Cth).