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

This matter concerned an appeal by Mr Xue against a decision by the Secretary, Department of Social Services, regarding the portability of his Disability Support Pension (DSP). Mr Xue had travelled to China for medical treatment for his chronic back pain and PTSD, which he believed was beneficial. The dispute arose because the Department determined that his DSP payments were not payable during his absence from Australia beyond the standard portability period, as the treatment he received did not qualify as "eligible medical treatment" under the relevant legislation.

The Administrative Appeals Tribunal (AAT) was required to determine whether the medical treatment Mr Xue received in China constituted "eligible medical treatment" for the purposes of extending the portability period of his DSP. This involved interpreting the provisions of the *Social Security Act 1991* concerning portability, specifically the exceptions for eligible medical treatment not available in Australia, and considering the criteria for what constitutes such treatment as outlined in the *Guide to Social Security Law*.

The Tribunal reasoned that for medical treatment to be considered "eligible," it must be recommended and overseen by a qualified Australian medical practitioner, and involve a diagnosis and treatment plan formulated and reviewed by such a practitioner. While Mr Xue believed his treatment was effective, it was not recommended by an Australian medical practitioner, nor was it conducted under their supervision. The Tribunal noted that treatments such as iridology or herbal remedies, even if recommended by a doctor, are generally not considered eligible. Applying these principles, the Tribunal found that Mr Xue's treatment did not meet the definition of eligible medical treatment.

The Tribunal affirmed the decision under review, meaning Mr Xue's DSP payments were not payable for the period exceeding the standard portability limit. However, the Tribunal recommended that Mr Xue consider lodging an application under the Compensation for Detriment due to Defective Administration Scheme, given his difficulties in clarifying his concerns with Centrelink prior to his departure and the circumstances surrounding his mother's health in China.