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

This matter concerned an appeal by TH against a decision of the Secretary, Department of Social Services, regarding TH's eligibility for a disability support pension. The central dispute revolved around whether TH met the residency requirements for the pension, specifically concerning the timing of the onset of his impairments and his continuing inability to work in relation to his residency in Australia. The case was heard by Professor R McCallum AO, Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine two key questions: first, when TH's Autism Spectrum Disorder and Attention Deficit Hyperactivity Disorder first became manifest; and second, when TH's continuing inability to work first became manifest. These determinations were crucial for assessing whether TH satisfied the residency requirements stipulated in subsection 94(1)(e)(i) of the Social Security Act.

The Tribunal found that TH's Autism Spectrum Disorder and Attention Deficit Hyperactivity Disorder first became manifest on or about 29 August 2013. This finding was informed by evidence detailing behavioural problems during his schooling in the United Kingdom and Australia, and the eventual referral to a developmental clinic. Crucially, the Tribunal determined that TH's continuing inability to work first became manifest in the period from February to May 2015. The decision under review was set aside and remitted with these specific findings as directions.