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

This matter concerned an appeal by Mrs Mortimer against a decision by the Secretary of the Department of Social Services regarding the portability of her Disability Support Pension (DSP). Mrs Mortimer, who had qualified for the DSP in 1998 due to severe illness, planned an overseas trip to Hong Kong. She contacted Centrelink to inform them of her travel plans and requested that correspondence be sent to her home address. Mrs Mortimer stated she was not informed of a 28-day limit on DSP portability, while a Centrelink officer's report indicated a note to stop pension supplement payments after 20 July 2015. Mrs Mortimer's DSP was not paid for a period of four weeks during her absence. The appeal was heard by Miss E A Shanahan, Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Mrs Mortimer was adequately informed by Centrelink of the portability limitations for her DSP, and consequently, whether her DSP should have been cancelled or suspended during her overseas travel. Specifically, the Tribunal was required to consider if Mrs Mortimer's circumstances, including her severe disabilities and a subsequent acute psychosis experienced in Hong Kong, warranted an exception to the standard portability rules, or if she was entitled to a longer portability period. The Tribunal also considered Mrs Mortimer's assertion that she believed her DSP portability was for an unlimited period under section 1218AAA of the *Social Security Act 1991* (Cth), and whether she would have acted differently had she been fully informed of the portability rules.

The Tribunal acknowledged Mrs Mortimer's severe and long-standing medical conditions, including homocysteinuria and spinal vertebral disease, and noted her additional reported diagnoses of schizophrenia. While no medical evidence was provided for the latter, the Tribunal accepted them as correct. The Tribunal found that Mrs Mortimer's DSP was not paid for a period of four weeks while she was overseas, which was within the 28-day portability limit. The Tribunal noted that prior to 14 May 2014, the portability period for the DSP was six weeks, but the relevant period for Mrs Mortimer's travel was subject to the 28-day limit. The Tribunal did not find that Mrs Mortimer was misinformed or that her specific circumstances entitled her to an extended portability period beyond the 28 days, nor did it find that section 1218AAA of the *Social Security Act 1991* applied to grant unlimited portability in her situation.