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

This matter concerned an appeal by Mr. Newsham against a decision of the Secretary of the Department of Social Services. The dispute centred on the Secretary's determination that Mr. Newsham was not entitled to an age pension under the *Social Security Act 1991* (Cth) due to his failure to meet the residency requirements. The appeal was heard by B J Illingworth SM in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr. Newsham satisfied the residency requirements for an age pension as stipulated by the *Social Security Act 1991* (Cth). Specifically, the Tribunal had to consider whether Mr. Newsham's periods of absence from Australia during the relevant qualifying period were such that they broke his continuity of residence for the purposes of the Act.

The Tribunal considered the provisions of section 7(2) of the *Social Security Act 1991* (Cth), which outlines the criteria for establishing residency. It was noted that while Mr. Newsham had periods of absence from Australia, the Tribunal found that these absences did not, in themselves, necessarily disqualify him from meeting the residency requirements. The Tribunal applied the principle that the Act requires a person to be an Australian resident at the time of claiming and to have been an Australian resident for a continuous period of at least 10 years immediately preceding the claim, with specific provisions for absences. After reviewing the evidence of Mr. Newsham's movements and the relevant legislative provisions, the Tribunal concluded that Mr. Newsham had indeed met the continuous residency requirement.

The Tribunal set aside the decision under review and substituted a new decision that Mr. Newsham was qualified for an age pension.