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

The Administrative Appeals Tribunal considered the matter of *Taylor and Secretary, Department of Social Services (Social services second review)*. The applicant sought review of a decision by the Secretary of the Department of Social Services concerning the portability rate of their aged pension. The core of the dispute revolved around whether the applicant met the residency requirements for the pension, particularly in light of provisions extending the usual 26-week absence period due to COVID-19.

The Tribunal was required to determine whether the applicant satisfied the indicia of residency as set out in section 7(3) of the relevant social security legislation. This involved assessing whether the applicant's circumstances, including a significant history of international travel, were consistent with establishing and maintaining residency in Australia for the purposes of receiving the aged pension.

The Tribunal affirmed the Secretary's decision, finding that the applicant did not satisfy the residency requirements. The reasoning focused on the applicant's extensive travel history, which indicated a lack of a continuing connection to Australia that would support a claim for residency under the legislative framework. The Tribunal applied the principles governing residency for social security purposes, concluding that the applicant's pattern of absence and travel did not align with the legislative intent for establishing residency.