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

The Administrative Appeals Tribunal considered the matter of Mr Knight and the Secretary of the Department of Social Services concerning Mr Knight's eligibility for a disability support pension and its portability. The core of the dispute revolved around whether the maximum portability period for Mr Knight's pension could be extended.

The Tribunal was required to determine if the conditions for extending the maximum portability period of Mr Knight's disability support pension were met. Specifically, the Tribunal had to assess whether Mr Knight's circumstances satisfied the criteria outlined in section 1218AAA(1)(d) of the relevant legislation.

The Tribunal's reasoning was informed by medical evidence from Dr Ash, which indicated that Mr Knight was unable to perform any work, and attempting to do so would be contrary to medical advice. This evidence, coupled with Mr Knight's work history demonstrating an inability to maintain employment at an appropriate level, led the Tribunal to conclude that the conditions of section 1218AAA(1)(d) were satisfied. Consequently, the Tribunal found that Mr Knight's maximum portability period was unlimited. The decision under review was set aside.