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

The Administrative Appeals Tribunal considered the appeal of Ms. Rees against a decision by the Secretary of the Department of Social Services to affirm a determination that she was not qualified for a Disability Support Pension. The dispute centred on the application of international agreements concerning the portability of social security benefits.

The Tribunal was required to determine whether Ms. Rees met the criteria for a Disability Support Pension, and if so, whether the provisions of the Social Security Agreement between Australia and New Zealand allowed for the unlimited portability of such a pension to New Zealand, where Ms. Rees had relocated.

The Tribunal found that Ms. Rees did not satisfy the legislative requirements for a Disability Support Pension under Australian law. Consequently, the question of whether the international agreement permitted unlimited portability of the pension became moot, as there was no underlying entitlement to the pension to be ported. The Tribunal affirmed the decision of the Secretary.