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

The Administrative Appeals Tribunal (AAT) considered a dispute between the Secretary, Department of Social Services, and a respondent concerning the suspension and resumption of his Disability Support Pension (DSP). The respondent had commenced employment, leading to the suspension of his DSP. The core of the dispute revolved around the date from which his DSP payments should be resumed following the suspension.

The Tribunal was required to determine the specific provision of the *Administration Act 1999* (Cth) under which the respondent's DSP was suspended and whether sections 109 and 110 of that Act applied to the resumption of payments. This involved clarifying whether the suspension arose under section 80 or section 96 of the *Administration Act*, as the initial notice of suspension was silent on this point. The Tribunal also needed to ascertain the correct date for the resumption of DSP payments, considering the respondent's contact with the Department and the subsequent reconsideration of his entitlement.

The Tribunal found that the suspension of the respondent's DSP arose under section 96 of the *Administration Act*, which deals with automatic cancellations and variations of social security payments when a recipient engages in paid work exceeding specified hours. This section contemplates a period of suspension, up to two years, during which the recipient may apply for reinstatement. The Tribunal noted that sections 109 and 110, which relate to favourable determinations under other sections, did not apply to suspensions under section 96. The respondent's nominee contacted the Department on 28 December 2017, requesting a review and advising of a new employment contract requiring fewer hours. This date was within the two-year suspension period and was therefore the date from which the DSP was correctly resumed.

Consequently, the Tribunal set aside the previous decision of the AAT dated 21 December 2018. In substitution, the Tribunal decided that the Administrative Review Officer's (ARO) decision regarding the resumption date of the respondent's DSP was reinstated, meaning payments were to resume from 28 December 2017.