Frantz, A.T. v Secretary Department of Social Security [1987] FCA 424

NOT FOR DISTRIBUTION

FEDERAL COURT OF AUSTRALIA ) AUSTRALIAN CAPITAL TERRITORY ) DISTRICT REGISTRY ) NO. A.C.T. G77 OF 1986 GENERAL DIVISION )

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL, GENERAL ADMINISTRATIVE DIVISION

BETWEEN: AUGUSTUS TARCISIUS FRANTZ Appellant AND: SECRETARY, DEPARTMENT OF SOCIAL SECURITY Respondent CORAM: - Davies J. DATE: 23 July 1987 PLACE: Canberra , EX TEMPORE REASONS FOR JUDGMENT DAVIES J.

This is an appeal from a decision of the Administrative Appeals Tribunal given on 12 May 1986. The application to the Administrative Appeals Tribunal arose out of a refusal to give to

the applicant, Augustus T. Frantz, a pensioner card, a card given

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-2- The circumstances pursuant to which the card was not granted were that in 1960 the applicant, who was then a permanent officer, was retired from the Public Service under a s.67 of the

Public Service Act 1922 (Cth) which permitted the retirement of officers considered to be inefficient or incompetent or unfit to discharge or incapable of discharging the duties of office efficiently. As a result of that retirement, the applicant became entitled to a superannuation pension, and that pension has since been paid to him. The amount of the pension would have been paid pursuant to a decision of the Commissioner for Superannuation or his delegate. As a result of the receipt of

that pension over many years, the applicant's entitlement to an

age pension has been affected, for the superannuation has been taken into account as part of his income. Affected also has been his entitlement to a pensioner card, for the definition of

pensioner in the National Health Act 1953 (Cth) picks up the

definition of "prescribed person" in s.83 CA of the Social Security Act 1947 (Cth). By reason of the superannation pension,