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

This matter concerned an appeal by Mrs Vella against a decision by the Secretary of the Department of Social Services regarding the suspension of her Disability Support Pension (DSP). The dispute centred on whether Mrs Vella was entitled to have the portability period of her pension extended during her absence from Australia. The decision was made by A Poljak SM.

The primary legal issue before the court was whether Mrs Vella met the criteria under section 1218C(2) of the relevant Act to extend her portability period. Specifically, the court had to determine if the event that prevented her return to Australia, namely attending to her late mother's affairs, occurred during the period of her absence in September 2015, as required by the legislation.

The court reasoned that while Mrs Vella's mother had passed away in January 2015, and Mrs Vella travelled to Malta in September 2015 to attend to her mother's affairs, this event did not occur during the period of absence in question. Section 1218C(2) mandates that the event must occur or begin during the period of absence for an extension to be granted. As Mrs Vella's mother's death occurred during a previous trip, the statutory exception did not apply to her second trip. The court noted an inaccuracy in the period of suspension identified by the SSCSD, correcting it based on Centrelink records.

The court varied the decision under review to reflect the correct period of suspension for Mrs Vella's DSP, from 28 September 2015 to 16 November 2015 inclusive, and otherwise affirmed the decision.