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

The Administrative Appeals Tribunal considered an application by Mr York for an extension of the portability period for his disability support pension. The dispute concerned whether Mr York was prevented from returning to Australia during his period of absence due to hospitalisation and recovery following a leg lengthening and correction procedure undertaken in India.

The Tribunal was required to determine whether the requirements of section 1218C(2) of the relevant social security legislation were met. Specifically, the Tribunal had to ascertain if an event prevented Mr York from returning to Australia and if such an event occurred or commenced during his period of absence from Australia.

The Tribunal found that while Mr York's leg lengthening procedure was initiated before his period of absence, the subsequent hospitalisation and recovery constituted events that prevented his return. However, the Tribunal was not satisfied that these preventing events occurred or began during the period of absence as required by the legislation. Consequently, the Tribunal affirmed the decision to not extend the portability of Mr York's disability support pension.