Department of Social Security v Burman, G.J. [1986] FCA 133

CATCHWORDS Administrative Law - Administrative Appeals Tribunal — Appeal to Federal Court - Social Services - Reduction of rate of old age pension - Question of law - Whether material hefore

Tribunal reasonably admitted of different conclusions - Whether amounts payable monthly under the terms of a written agreement properly characterised as "income" as defined.

Administrative Appeals Tribunal Act 1975 (Cth), s.44 Social Security Act 1947 (Cth), s.18 (definition of ""income")

THE SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY v. GERDA JOSEPHINE BURMAN

No. ACT G 55 of 1985

Neaves J.

18 April 1986

Canberra

Counsel for the applicant Dr G.A. Flick

Australian Government Solicitor

Solicitor for the applicant

Counsel for the respondent Mr A. Cavanough

Solicitor for the respondent Ms A. Durack

Date of hearing 5 February 1986

ST

a

IN_THE FEDERAL COURT OF AUSTRALTA

AUSTRALIAN CAPITAL TERRITORY No. ACT G 55 of 1985

DISTRICT REGISTRY

GENERAL DIVISTON

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN : THE SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY

Applicant

e

GERDA JOSEPHINE BURMAN

Respondent

MINUTE OF ORDER

Neaves J.

JUDGE MAKING ORDER

DATE OF ORDER 18 April 1986

WHERE MADE Canberra

THE COURT ORDERS THAT:

1. The decision of the Administrative Appeals Tribunal made on 2 August 1985 setting aside the decision of a delegate of the Secretary to the Department of Social Security reducing the rate of age pension payable to Gerda Josephine Burman under Division 4 of Part III of the Social Security Act 1947 (Cth) and determining that supplementary assistance under Division 4A of that Part was not payable be set aside.