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

The Administrative Appeals Tribunal (AAT) considered the matter of Peat and the Secretary, Department of Social Services, concerning an application for an age pension. The central dispute revolved around whether the applicant, Ms. Peat, qualified for the age pension during specific periods, primarily due to her Australian residency status and overseas travel. The decision under review had been remitted to the Tribunal for further consideration.

The Tribunal was required to determine whether Ms. Peat was an Australian resident for the purposes of the *Social Security Act 1991* (Cth) during the periods in question. This involved interpreting the meaning of "usual place of residence" and what constitutes a "temporary" absence from Australia in the context of the Act. The Tribunal had to assess the factors relevant to establishing and maintaining residence in Australia.

In its reasoning, the Tribunal applied the principles established in case law regarding residency for social security purposes. It considered the applicant's intentions and the objective circumstances of her connection to Australia. The Tribunal noted that "usual place of residence" is a question of fact and degree, requiring an examination of the totality of the circumstances, including the duration and purpose of absences, the maintenance of a home in Australia, and the applicant's overall ties to the country. The Tribunal found that Ms. Peat's absences were not temporary in nature, and she had not maintained her usual place of residence in Australia during the relevant periods. Consequently, the Tribunal affirmed the decision that Ms. Peat was not qualified for the age pension during those periods.