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

This matter concerned an appeal by Mr Perosh against a decision by the Secretary of the Department of Social Services regarding the calculation of his age pension. The dispute centred on two primary issues: the date from which Mr Perosh should be paid the single rate of age pension, and whether he had disposed of or diminished the value of his home by registering its title as joint tenant in equal shares with his two sons, thereby affecting his assets for pension calculation purposes.

The Tribunal was required to determine the correct date for the commencement of Mr Perosh's single rate of age pension, considering that he had separated from his wife on 2 July 2015 but did not submit the relevant separation details form to Centrelink until 3 December 2015. Additionally, the Tribunal had to assess whether the registration of his home property as joint tenancy with his sons constituted a disposal or diminution of assets for the purpose of calculating his age pension, and if so, the quantum of that disposition or diminution.

The Tribunal applied section 110 of the *Social Security (Administration) Act 1999* (Cth), which stipulates that a favourable determination takes effect on the later of the day the Department was informed of an event or change in circumstances, or the day the event or change occurred. While accepting Mr Perosh's evidence of separation on 2 July 2015, the Tribunal noted the absence of Centrelink records verifying contact between June and December 2015, and accepted the Secretary's submission that acting on a stated intention to separate in the future would lead to unpredictable outcomes. Regarding the property, the Tribunal found that at the time of the decision under review, Mr Perosh and his sons were registered as joint tenants, and therefore, the property's value was correctly maintained as an asset for pension calculation.

The Tribunal affirmed the decision under review.