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

This matter concerned an application by Mr Mumo for a review of the Secretary of the Department of Social Services' decision to cancel his Disability Support Pension (DSP). Mr Mumo had travelled overseas to Kenya in 2016, and his DSP was suspended due to exceeding the standard portability period. While his portability was extended for an acute family crisis (his mother's funeral), the DSP was subsequently cancelled. Mr Mumo then lodged a new claim for DSP upon his return to Australia.

The Administrative Appeals Tribunal was required to determine the extent of Mr Mumo's entitlement to portability of his DSP during his overseas absence, specifically whether he qualified for unlimited portability under certain provisions. The Tribunal also needed to consider whether the cancellation of his DSP was appropriate and whether he remained qualified for the pension, particularly in light of his mental health condition.

The Tribunal found that Mr Mumo had exhausted his standard 28-day portability period in 2015. While he was granted an additional four weeks of portability in 2016 due to attending his mother's funeral, which constituted an acute family crisis, he did not meet the criteria for unlimited portability under section 1218AAA of the Act. This section requires a determination by the Secretary that the person has a severe impairment that will persist for at least five years and that they would be prevented by this impairment from undertaking any work independently of a support program within that timeframe. No such determination had been made for Mr Mumo, and he did not meet the exception for persons outside Australia who have suffered a serious accident or been hospitalised. Furthermore, the Tribunal noted that there were questions regarding whether Mr Mumo's mental health condition was still fully diagnosed, treated, and stabilised to the extent required for DSP qualification at the time of cancellation.

The Tribunal affirmed the decision to cancel Mr Mumo's DSP and rejected his new claim, finding that he did not meet the requirements for continued DSP entitlement or unlimited portability during his overseas travel.