Secretary, Department of Social Security v Ellis, Elizabeth [1997] FCA 214

C A T C H W O R D S SOCIAL WELFARE - Social Security entitlements - workers' compensation received for injuries sustained while nursing - husband subsequently deserted applicant and their four children under ten years of age - substantial family debts - applicant found to be frugal in management of family finances but obliged to use credit card to buy food - Administrative Appeals Tribunal found her to be suffering "extreme financial hardship" and children suffering "unacceptable hardship" - formula for calculating Sole Parents Pension - if formula applied strictly, applicant would receive lower pension than if same amount of workers' compensation had been received as wages - whether Tribunal erred in law when it found "special circumstances" existed and exercised statutory discretion to treat part of workers' compensation as not having been made. Social Security Act 1991 (Cth) s.1168, 1184(1) Beadle v. Director-General of Social Security (1985) 60 ALR 225 Groth v. Secretary, Department of Social Security (1995) 40 ALD 541 Secretary, Department of Social Security v. Smith (1991) 30 FCR 56 SECRETARY, DEPARTMENT OF SOCIAL SECURITY v. ELIZABETH ELLIS No. WAG 120 of 1996 CARR J PERTH 8 APRIL 1997

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. WAG 120 of 1996 GENERAL DIVISION ) On appeal from the Administrative Appeals Tribunal B E T W E E N : SECRETARY, DEPARTMENT OF SOCIAL SECURITY Applicant and ELIZABETH ELLIS Respondent CORAM: CARR J. PLACE: PERTH DATE: 8 APRIL 1997 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The matter of the costs of the appeal be reserved, with liberty to the respondent to apply within 42 days for an order that the applicant pay her costs. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.