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

This matter concerned an application for review by Kerry Anne Mackenzie against a decision by the Secretary, Department of Social Services, to cancel her Disability Support Pension (DSP). Ms Mackenzie had been receiving the DSP for several years due to painful medical conditions affecting her ability to work. The dispute arose when her DSP was suspended and subsequently cancelled after she spent more than 28 days outside Australia, as her request for indefinite portability of the pension was refused. The Administrative Appeals Tribunal (AAT) was tasked with determining the validity of the cancellation decision and the refusal of indefinite portability.

The primary legal issues before the Tribunal were whether Ms Mackenzie remained qualified for the DSP at the time of its cancellation, and whether she was entitled to indefinite portability of that pension. The Tribunal was required to assess her medical condition against the eligibility criteria for the DSP and consider the legislative provisions governing the portability of such pensions.

The Tribunal found that the decision to suspend Ms Mackenzie's DSP on 25 September 2016 was correct, as she did not qualify for indefinite portability at that time. However, the Tribunal set aside the decision to cancel her DSP, substituting it with a determination that Ms Mackenzie was qualified for the DSP on 20 January 2017. The Tribunal affirmed the decision denying unlimited portability of her DSP and remitted the matter to the Secretary to calculate the amount of DSP payable to Ms Mackenzie.