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

The Administrative Appeals Tribunal considered the appeal of Mr Nagy against a decision by the Secretary, Department of Social Services, to suspend his Disability Support Pension. The core of the dispute concerned whether Mr Nagy was entitled to the limited portability provisions of his pension under section 1217 of the *Social Security Act 1991* (Cth) during a period of temporary absence from Australia.

The Tribunal was required to determine the meaning of the terms 'medical treatment' and 'eligible medical treatment' as defined in the Act, and crucially, whether Mr Nagy's absence from Australia was for the purpose of seeking medical treatment that was not available in Australia. This involved an assessment of the nature of the treatment sought and its availability domestically.

The Tribunal reasoned that the provisions of section 1217 of the *Social Security Act 1991* were intended to apply to individuals who were absent from Australia for the specific purpose of obtaining medical treatment not available in Australia. After reviewing the evidence, the Tribunal found that the treatment Mr Nagy sought overseas, while beneficial, did not meet the criteria of being unavailable in Australia. Consequently, the Tribunal affirmed the decision under review, finding that Mr Nagy was not entitled to the extended portability provisions for the period of his absence.