Taylor, M. v. The Secretary to the Department of Social Security [1988] FCA 98

AUDGMENT No. 10.228

CATCHWORDS ~-

ADMINISTRATIVE LAW ~ Identification of the decision under review by

the Administrative Appeals Tribunal

BANKRUPTCY - Whether Commonwealth entitled to recover overpayments of

widow's pension by withholdings pursuant to Social Security Act 1947

sub-s. 181(2) although pensioner became bankrupt after the

overpayments occurred - Whether withholdings pursuant to Social

Security Act sub-s. 181(2) constitute the enforcement of a remedy

against the property of a bankrupt.

SOCIAL SERVICES - Whether Commonwealth entitled to recover

overpayments of widow's pension by withholdings pursuant to Social

Security Act 1947 sub-s. 181(3) although pensioner became a bankrupt

after the overpayments occurred.

Administrative Appeals Tribunal Act 1975: ss. 29,/ 44

Bankruptcy Act 1966: ss. 58, 116, 131 Social Security Act 1947: ss. 43, 181, 184, 186.

MAUREEN TAYLOR v. THE SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY

G 498 of 1987

COURT: LOCKHART, BEAUMONT and WILCOX JJ.

SYDNEY

16 MARCH 1988

Po ee ee er

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G 498 of 1987

GENERAL DIVISION

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS

TRIBUNAL BETWEEN: MAUREEN TAYLOR Applicant AND: THE SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY Respondent JUDGES MAKING ORDER: LOCKHART, BEAUMONT and WILCOX JJ. DATE OF ORDER: 16 MARCH 1988 . WHERE ORDER MADE: SYDNEY lf fi MINUTE OF ORDER te Ls t THE COURT ORDERS THAT: ie 1. The appeal be dismissed; — 2. There be no order as to the costs of any party to the appeal. L NOTE: Settlement and entry of orders is dealt with in Order 36 of k.* . the Federal Court Rules.

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-~ ---— — — -- a re ne te ree

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G 498 of 1987

GENERAL DIVISION

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