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

This matter concerned an appeal by Mr Stevens against a decision of the Secretary of the Department of Social Services regarding his claim for an age pension. The Administrative Appeals Tribunal was required to determine whether Mr Stevens met the criteria for being an Australian resident at the time of his claim.

The central legal issue before the Tribunal was the interpretation of the 'residence test' for the age pension, specifically the meaning of 'Australian resident' in the context of an absence from Australia. This required an assessment of Mr Stevens' ties to Australia to ascertain whether he maintained a real and enduring connection with the country.

The Tribunal found that Mr Stevens satisfied the requirements of section 29 of the *Administration Act 1901* (Cth), concluding that he was an Australian resident on 29 June 2015. Consequently, his claim for an age pension was properly made. The Tribunal set aside the decision under review and remitted the matter to the Secretary for determination of Mr Stevens' age pension claim under section 43 of the *Social Security Act 1991* (Cth).