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

This matter concerned an appeal by the Applicant against a decision of the Administrative Appeals Tribunal (AAT) which affirmed the suspension of his Age Pension. The Applicant had lodged claims for JobSeeker Payment and subsequently for Age Pension, asserting he was an Australian resident at the time of these claims. His claims indicated periods of residence in Indonesia and Australia, with his most recent departure from Australia being on 2 November 2022 to Indonesia, returning on 24 January 2023.

The primary legal issues before the Tribunal were whether the Applicant qualified as an Australian resident for the purposes of lodging his claims for JobSeeker Payment and Age Pension on 27 January 2023 and 6 February 2023 respectively, under subsection 29(1) of the *Social Security (Administration) Act 1999* (Cth). If he was not an Australian resident at those times, his claims would be invalid. The Tribunal also considered, but did not need to determine, whether the Applicant had ceased to be an Australian resident in the two years prior to being granted Age Pension, and if his subsequent overseas travel affected his entitlement.

The Tribunal found that the Applicant was not an Australian resident at the relevant times he lodged his claims. This finding was based on the Applicant's own stated periods of residence, which indicated he was residing in Indonesia from 2 November 2022 until 23 January 2023, immediately preceding his claims. Consequently, the Tribunal determined that the Applicant was not entitled to receive Age Pension during the period from 25 February 2020 to 4 March 2023.

The Reviewable Decision of the AAT, which suspended the Applicant's entitlement to Age Pension from 1 March 2023, was set aside and substituted with a decision that the Applicant was not an Australian resident between 25 February 2020 and 4 March 2023.