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

This matter concerned an appeal to the Tribunal by the applicant against a decision of the Social Security Appeals Tribunal (SSAT) which affirmed a decision by an Authorised Review Officer (ARO) to reject the applicant's claim for an age pension. The rejection was based on the applicant's assets exceeding the allowable assets limit at the date of claim, 25 January 2012.

The primary legal issue before the Tribunal was whether the applicant's assets had been correctly assessed for the purposes of the *Social Security Act 1991* (Cth) to determine his eligibility for an age pension. Specifically, the dispute centred on the valuation of certain properties and the treatment of loans and liabilities associated with companies and trusts in which the applicant held interests.

The Tribunal considered the applicant's proposed method for valuing properties, which involved deducting mortgages, loans owed to the Trust, and other encumbrances from the property's value, and then applying the applicant's ownership percentage. However, the Tribunal found that the SSAT's decision to reject the age pension claim was correct, despite arriving at a different total asset valuation than the ARO. The Tribunal varied the determined values of the applicant's total assets but otherwise affirmed the decision under review.