Overstay on Health Grounds Refused

[Banjo]

I've been communicating with a member who is stuck overseas after suffering a deterioration in his condition.
He has excellent support from a local doctor, an MD, but Centrelink has refused to pay him past the portability period.

He has lost the appeal to the (former) SSAT and has received a letter from the lawyers representing Centrelink at the AAT.
It seems that appeals started under the old system will continue to pass through that system.

What Centrelink is contending is that a deterioration of the original condition that he was granted the DSP on does not qualify for an extension of portability under the Act.

[immiadvice]

I'm no lawyer and I don't have the legislation in front of me but, I'm lead to believe that if you suffer acute health issues whilst overseas that will prevent you from traveling your payments can be continued past the portability period.

It will be interesting to see how this plays out.

[Banjo]

This is the text.

[scallywag]

www.austlii.edu.au/au/legis/cth/consol_act/ssa1991186/s1218c.html

SOCIAL SECURITY ACT 1991 - SECT 1218C

Extension of person's portability period--general
(1) The Secretary may extend the person's portability period for the payment if the Secretary is satisfied that the person is unable to return to Australia because of any of the following events:

(a) a serious accident involving the person or a family member of the person;

(b) a serious illness of the person or a family member of the person;

(c) the hospitalisation of the person or a family member of the person;

(d) the death of a family member of the person;

(e) the person's involvement in custody proceedings in the country in which the person is located;

(f) a legal requirement for the person to remain outside Australia in connection with criminal proceedings (other than criminal proceedings in respect of a crime alleged to have been committed by the person);

(g) robbery or serious crime committed against the person or a family member of the person;

(h) a natural disaster in the country in which the person is located;

(i) political or social unrest in the country in which the person is located;

(j) industrial action in the country in which the person is located;

(k) a war in the country in which the person is located.

(2) The Secretary must not extend the person's portability period under subsection (1) unless:

(a) the event occurred or began during the period of absence; and

(b) if the event is political or social unrest, industrial action or war--the person is not willingly involved in, or willingly participating in the event.

(3) If the Secretary extends a person's portability period under subsection (1), the person's portability period for the payment, for the purposes of this Part, is the extended period.


More here.
guides.dss.gov.au/guide-social-security-law/7/1/2/10

[scallywag]

So his time was up before he told them his condition had deteriorated. If only he had told them before his potability period had run out, he might have gotten an extension. I wonder if his original claim stated his condition would deteriorate and how that would have effected an extension.