Frendo, G. v Secreatry to the Department of Social Security [1987] FCA 695

CATCHWORDS

ADMINISTRATIVE LAW - social security - assets test — disposal of assets — whether 'consideration' received - expectation of

free accommodation - whether enforceable agreement necessary.

WORDS AND PHRASES - 'consideration'.

Social Security Act 1947 s.6AC, sub-secs.(10) and (11)

GEORGINA FRENDO v SECRETARY TO THE DEPARTMENT

OF SOCIAL SECURITY

No. VG 177 of 1987

Woodward J. Melbourne 2 December 1987 - oe

= 3 DEC 1987

TiN d

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No. VG 177 of 1987

GENERAL DIVISION

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:

GEORGINA FRENDO

Applicant

and

SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY

Respondent

MINUTES OF ORDER

COURT: Woodward J.

DATE: 2 December 1987

PLACE: Melbourne

THE COURT ORDERS THAT:

The appeal be dismissed.

(NOTE: Settlement and entry of orders is dealt with by 0.36 of the Federal Court Rules).

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No. VG 177 of 1987

ee ee ee

GENERAL DIVISION

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:

GEORGINA FRENDO

Applicant

and

SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY

Respondent

COURT: Woodward J.

DATE: 2 December 1987

PLACE: Melbourne

REASONS FOR JUDGMENT

This is an appeal on a question of law from a decision of the Administrative Appeals Tribunal. The Tribunal affirmed a decision, made on behalf of the respondent, that in calculating the amount of the applicant's invalid pension, a gift of $30,000 each to her son and

daughter should be taken into account as "property disposed

of" by the applicant, which should be included in the value of the property of the applicant for purposes of applying an

assets test.

The facts, and the relevant provisions of the Social Security Act 1947 ("the Act"), are set out in detail in the Tribunal's decision. The point of law argued before this Court is a short one and a summary of facts and directly