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

This matter concerned an appeal by Mr Philippou against a decision of the Secretary of the Department of Social Services regarding his eligibility for an age pension. The dispute centred on whether Mr Philippou satisfied the residence requirements for the age pension, particularly in light of his periods of absence from Australia and the application of the Cyprus Agreement. The case was heard by L M Gallagher M.

The primary legal issue before the Tribunal was to determine whether Mr Philippou was an Australian resident for the purposes of the Social Security Act 1991 (Cth) during specific periods, thereby impacting his Australian Resident Labour Force (AWLR) calculation and consequently the rate of his age pension. This required an assessment of the definition of "resident" and the application of various factors outlined in section 7(3) of the Act, including the nature of his accommodation, family relationships, employment and financial ties, and the frequency and duration of his travel.

The Tribunal considered the evidence regarding Mr Philippou's activities in South Africa between 1992 and 1999, which he stated were related to the sale of his business. The Tribunal applied principles from the Social Security Guide, emphasising that continuous presence in a country is not always necessary to be considered residing there, but that the reason for being overseas, the pattern and duration of time spent outside Australia, and the maintenance of physical ties to Australia are crucial. The Tribunal noted that while intention to return is a factor, physical ties generally take precedence over intentions when lengthy absences are involved. The Tribunal also referred to the decision in *Taylor*, which highlighted that even if Australia is considered "home" and there is an intention to reside permanently, it does not automatically mean a person is continuing to "reside in Australia" during long periods of absence. The Tribunal stressed that a person cannot generally reside in more than one country simultaneously and that the balance of a person's ties will usually weigh more heavily in favour of one country. The decision ultimately determined that Mr Philippou's rate of age pension was to be recalculated based on the findings regarding his Australian residency.