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

The Administrative Appeals Tribunal (AAT) considered an application for review by an applicant who had been receiving the Australian age pension under a social security agreement with Italy. The applicant, who had resided in Australia for over 28 years, was initially granted the maximum rate of pension. However, following legislative amendments effective from 1 July 2014, the required period of working life residence in Australia to receive the full rate of pension increased from 25 years to 35 years. The applicant's pension was subsequently reduced to a proportional rate after he returned to Australia for a continuous period exceeding 26 weeks in 2016-2017. The Secretary of the Department of Social Services applied for the dismissal of the applicant's second-tier review application, arguing it had no reasonable prospects of success.

The central legal issue before the Tribunal was whether the applicant's application for a second review of the decision to reduce his age pension had any reasonable prospects of success, thereby warranting dismissal under section 42B(1)(b) of the Administrative Appeals Tribunal Act 1975. This required the Tribunal to assess the merits of the applicant's case in light of the legislative changes and the specific circumstances of his return to Australia.

The Tribunal found that the applicant's application for review had no reasonable prospects of success. The legislative amendments clearly stipulated that pensioners outside Australia immediately before 1 July 2014 were exempt from the increased residence requirement, provided they did not return to Australia for a continuous period exceeding 26 weeks after that date. The applicant's return to Australia for 27 weeks triggered the application of the new provisions. The Tribunal concluded that there were no special circumstances or discretionary grounds that would allow the applicant to continue receiving the full rate of pension, nor was there any obligation on the respondent to provide specific notice of the legislative changes to the applicant.

Consequently, the Tribunal dismissed the application for review.