Federal Court of Australia
JUDGMENT No, 2\\ 733
CATCHWORDS
Social services - invalid pension - applicant entitled to a pension payable by an Italian institution - delay by institution in paying pension to applicant in Australia - whether amount of pension represented moneys "derived" by applicant - whether amount of pension to be taken into account in calculation of his entitlement to invalid pension notwithstanding that the amount of
the pension had not actually been received by him.
Social Security Act 1947, ss. 2, 28 and 135TJ (note that these
sections have since been renumbered as ss. 3, 33 and 168).
SALVATORE INGUANTI v. SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY No. VG 393 of 1987
Sheppard J. 5 May 1988
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIAN DISTRICT REGISTRY ) No. VG 393 of 1987 ) )
GENERAL DIVISION
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL BETWEEN:
SALVATORE INGUANTI
Applicant AND:
SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY
Respondent
MINUTES OF ORDER
CORAM: SHEPPARD J. 5 MAY 1988
DATE
PLACE: SYDNEY
THE COURT ORDERS THAT:- 1. The appeal be dismissed.
2. The applicant pay the respondent's costs of the appeal.
NOTE: Settlement and entry of orders is dealt with in Order 36
of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY No. VG 393 of 1987
GENERAL DIVISION
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL BETWEEN:
SALVATORE INGUANTI
Applicant AND:
SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY = = =
Respondent
CORAM: SHEPPARD J.
DATE : 5 MAY 1988 REASONS FOR JUDGMENT
HIS HONOUR: This is an appeal from a decision of the Administrative Appeals Tribunal (Mrs. H.E. Hallows, Senior Member, and Mr. G.F. Brewer and Professor R.W. Webster, Members) given on 9 September 1987. The questions of law which arise for determination raise problems in relation to the construction of certain of the provisions of the Social Security Act 1947 ("the Act"). The applicant is entitled to an invalid pension and has been paid such a pension since 10 January 1978. When he made his application for the pension on 28 November 1977, he disclosed certain superannuation entitlements and the amount of his pension was calculated with these in view. In April 1978 the applicant
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