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

This matter concerned an appeal by Mrs Suchkova regarding the cancellation of her Disability Support Pension (DSP) by the Department of Social Services. Mrs Suchkova had departed Australia for Russia on 9 September 2016 and remained overseas for an extended period. The core dispute revolved around whether Centrelink had correctly cancelled her DSP on 27 June 2017, based on her prolonged absence from Australia and the absence of an international social security agreement between Australia and Russia. The Administrative Appeals Tribunal considered the relevant provisions of the *Social Security Act 1991* (Cth) and the *Social Security (Administration) Act 1999* (Cth).

The primary legal issue before the Tribunal was to determine if Centrelink possessed the power to cancel Mrs Suchkova’s DSP. This required an examination of the general rule regarding DSP portability, which limits payments to 28 days outside Australia in any 12-month period, and whether any exceptions applied. Specifically, the Tribunal had to consider if Mrs Suchkova qualified for any indefinite portability provisions, such as those for severely impaired or terminally ill pensioners, which might have permitted her continued receipt of DSP while overseas.

The Tribunal reasoned that Mrs Suchkova did not fall within the scope of the indefinite portability provisions. Her son had informed Centrelink that she had a life-threatening illness and was unable to return to Australia, but this information did not satisfy the criteria for indefinite portability. Furthermore, Mrs Suchkova had been absent from Australia for nine months, and neither she nor her son had provided Centrelink with a definite return date. Consequently, the Tribunal found that Mrs Suchkova was not qualified for DSP during her absence. The Tribunal affirmed the decision to cancel Mrs Suchkova’s DSP, concluding that the Secretary had ample power to do so under section 80(1) of the *Social Security (Administration) Act 1999* (Cth).