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

The Administrative Appeals Tribunal considered the entitlement of an applicant to a Disability Support Pension (DSP) during periods of absence from Australia for medical treatment. The applicant, who suffered from a terminal condition, sought treatment in Germany during several periods in 2019. The Secretary had suspended the applicant's DSP, determining that the treatment received in Germany did not constitute eligible medical treatment for the purposes of sections 1212 and 1217 of the *Social Security Act 1991* (Cth). The applicant had previously sought review of these decisions, with an Authorised Review Officer affirming one suspension period and the Tribunal affirming the suspension decision in a prior review. This matter came before the Tribunal for a second review.

The primary legal issues before the Tribunal were whether the applicant's absences from Australia were for the purpose of seeking eligible medical treatment as defined by section 1212 of the *Social Security Act 1991*, and whether these periods constituted allowable absences under section 1217 of the same Act. The Tribunal was required to determine if the applicant was entitled to be paid DSP during the periods his pension was suspended due to these absences.

The Tribunal found that the applicant was indeed absent from Australia for the purpose of seeking eligible medical treatment, accepting concessions made by the Secretary. Applying section 1212 of the *Social Security Act 1991*, the Tribunal determined that the absences qualified as seeking eligible medical treatment. Furthermore, in accordance with item 2AA of the table in section 1217 of the Act, these periods were deemed allowable absences. Consequently, the Tribunal decided that the applicant was entitled to be paid DSP during the periods of suspension: 1 July 2019 to 8 July 2019, 25 August 2019 to 8 September 2019, and 27 October 2019 to 25 November 2019. The matter was remitted to the Secretary to calculate the amount of DSP payable to another person under section 58(1)(a) of the *Social Security (Administration) Act 1999* (Cth).