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[1990] AATA 786
appellant. The decision under review is affirmed.
1 cited instrument linked from this judgment.
The Administrative Appeals Tribunal upheld a decision to cancel a woman's sole parent's pension because she had left Australia in 1981 and had not returned. The law (section 60B of the Social Security Act 1947) required residence in Australia to receive the pension. Because the applicant had been outside Australia for many years, she was not entitled to the pension, and the Tribunal had no power to make an exception to this rule.
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28 November 1990 Deputy President R.C. Jennings Q.C.,
The applicant has sought review of a decision made by the Social Security Appeals Tribunal on 6 April 1989 which affirmed a decision to cancel sole parent's pension to the applicant as from 1 July 1989 because of the provisions of section 60B of the Social Security Act.
The applicant left Australia on 8 August 1981 and has not returned to Australia since that date.
The Social Security Appeals Tribunal carefully examined the provisions of the legislation which occasioned the decision, a written submission made by the applicant and all other relevant material now presented to this Tribunal.
There is no reason to restate any of that material because this Tribunal is of the view that the Social Security Appeals Tribunal correctly concluded that in the light of the undisputed facts the legislation precludes the applicant from successfully advancing any argument which would entitle her to the pension claimed. There is no discretion to be exercised which could alter this result. The decision under review is therefore affirmed.
The decision under review is affirmed.