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

This matter concerned an appeal by Mr Sidebottom against the decision of the Secretary of the Department of Social Services to cancel his age pension and refuse his subsequent claim for an age pension. The dispute arose because Mr Sidebottom had exceeded the income limit for the age pension, with the proceeds of the sale of his principal residence having been deposited into a bank account, attracting the application of deeming provisions for income calculation.

The Administrative Appeals Tribunal was required to determine whether the deeming provisions correctly applied to the funds in Mr Sidebottom's bank account, and whether he was eligible for indefinite portability of his age pension given his absence from Australia and the absence of a social security agreement with the United Kingdom. The Tribunal also considered whether there had been any change in Mr Sidebottom's circumstances since the cancellation of his pension that would warrant a different outcome.

The Tribunal affirmed the reviewable decision, finding that Mr Sidebottom's financial circumstances on the day of his application had not changed since the cancellation of his pension on 6 April 2018. The proceeds of the sale of his home were correctly deemed to be income, and as he was not receiving an age pension immediately before his period of absence from Australia, indefinite portability was not applicable. The Tribunal noted it had no discretion in the matter.