Re Vito Pennisi and Director-General of Social Security

This matter concerned an appeal by the applicant, Ms. Thea Thomas, against a decision by the Director-General of Social Security to raise a debt for an overpayment of Parenting Payment. The applicant contended that her absence from Australia was due to special circumstances, specifically her mother's serious illness and medical emergency in Bali, which prevented her return. The core dispute revolved around whether the applicant had exceeded the maximum portability period for receiving Parenting Payment while overseas.

The legal issues before the Tribunal were whether the applicant had complied with the portability requirements of the Social Security Act 1991, and if not, whether the period of her absence from Australia exceeded the six-week maximum portability period. A further issue was whether the calculation of this six-week period should account for fractions of a day, as argued by the applicant. The applicant also sought the exercise of discretion under section 1218C of the Act due to the alleged special circumstances.

The Tribunal considered the applicant's movements based on immigration records, which were not disputed. The applicant departed Australia on 14 August 2013 and returned on 25 September 2013. The Tribunal applied the legal principle established in *Prowse v McIntyre* (1961) 111 CLR 264, which dictates that the law takes no account of fractions of a day. Therefore, the calculation of the six-week period was not based on specific times of arrival and departure, but on the full days of absence. The Tribunal found that the applicant's absence, calculated without regard to fractions of a day, exceeded the six-week maximum portability period. The Tribunal also found that the circumstances, while unfortunate, did not meet the threshold for special circumstances to warrant the exercise of discretion under section 1218C.

Consequently, the Tribunal affirmed the decision under review, finding that Ms. Thea Thomas was subject to a Parenting Payment debt of $19,287.61 for the period 1 November 2013 to 23 November 2014.