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

The applicant, the Secretary of the Department of Social Services, sought review of a decision by the Administrative Appeals Tribunal (AAT) that had set aside the department's rejection of the respondent's claim for a disability support pension (DSP). The respondent had lodged her claim on 1 April 2016, and initially, a departmental officer determined she did not meet the residency requirements for the pension. This decision was affirmed by a Centrelink Authorised Review Officer. The AAT subsequently overturned the department's decision, leading to the Secretary's application to this Tribunal.

The primary legal issue before the Tribunal was whether the respondent was entitled to a disability support pension, specifically concerning her satisfaction of the Australian residence requirements. The Tribunal was required to consider the provisions of section 94 of the *Social Security Act 1991*, which outlines the criteria for DSP eligibility, including medical qualifications, continuing inability to work, and Australian residence or qualifying residence exemptions.

The Tribunal found that at the time of the respondent's DSP claim on 1 April 2016, and for the thirteen-week period thereafter, she did not meet the necessary qualification criteria. Consequently, the Tribunal set aside the AAT's decision and substituted its own decision that the respondent was not qualified for the disability support pension.