Ruhl, R.E. v The Secretary, Department of Social Security [1995] FCA 592

C A T C H W O R D S SOCIAL SECURITY - age pension - pension not payable while person absent from Australia - whether applicant's reasons for leaving Australia before the end of the 12 month period arose from circumstances that could not be reasonably foreseen when the person returned to or arrived in Australia - s.1220 Social Security Act 1991 (Cth) - no error of law - whether leave to appeal should be granted. Social Security Act 1991 (Cth) - ss.1211, 1213, 1219, 1220 R.E. RUHL v THE SECRETARY, DEPARTMENT OF SOCIAL SECURITY No. G 192 of 1995 Davies J Sydney 12 July 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No G 192 of 1995 ) GENERAL DIVISION ) BETWEEN: R.E. RUHL Applicant AND: THE SECRETARY, DEPARTMENT OF SOCIAL SECURITY Respondent Coram: Davies J. Date: 12 July 1995 Place: Sydney REASONS FOR DECISION This is an application for leave to extend time so as to permit the applicant, Ronald Ruhl, to appeal from a decision of the Administrative Appeals Tribunal made on 11 November 1994. The applicant is not present before the Court, being now resident in Colombia, but he has requested that the Court determine the matter on the documents. Mr Ruhl was a resident of Australia between November 1953 and November 1974. He then left Australia. He returned to Australia again on 3 June 1993. On 20 June 1993 he applied for the aged pension which he was subsequently granted. He again left Australia on 20 July 1993 and has not returned since that time. The basic principle with respect to the portability of pensions is that set out in s.1211 of the Social Security Act 1991 (Cth). Section 1211 provides: "Social security benefits and additional family payments are not payable to a person who is outside Australia because presence in Australia is specified as an essential condition of qualification." There are some exceptions to s.1211. Section 1213 (1) provides that a person's right to continue to be paid an age pension is not affected by the person's leaving Australia. This right is subject, however, to the provisions set out in ss.1218, 1219 and 1220. For present purposes, s.1220, which relates to persons having only a short stay in Australia, is relevant. Section 1220(1) of the Act deals with the case where a person is an Australian resident, ceases to be an Australian resident, again becomes Australian resident, lodges a claim for a pension, the claim is lodged within 12 months after the person again became an Australian resident, the person leaves Australia before the end of that period of 12 months and there is no determination by the Secretary in respect of the person under subsection 1220(3). In Mr Ruhl's case, these circumstances all applied. The effect of s.1220(1), is that a pension based on the claim made by Mr Ruhl for the age pension is not payable during any period during which he is outside Australia.