Lowe, Charles Crawford Wilson v Secretary, Department of Social Security [1998] FCA 1492

FEDERAL COURT OF AUSTRALIA SOCIAL SECURITY - sole parent pension - parents share equally in custody and care of child on alternating weekly basis - as pension can only be paid in fortnightly intervals entitlement exists only if parent meets qualification criteria throughout the whole of the period in respect of which one full instalment of pension can be paid. Social Security Act 1991 (Cth), Part 2.6 Divs 1, 2, 3, 4 and 5, Pension Rate Calculator C, Part 5.4, ss 23, 42, 249, 250, 251, 252, 269, 270, 271, 273, 869, 1066, 1363 Family Law Act 1975 (Cth), ss 63E(2), 63F(1) Health Insurance Act 1973 (Cth) Status of Children Act 1978 (Qld), s 3 Vidler v Secretary, Department of Social Security (1995) 61 FCR 370, referred to Youngman v Lawson [1981] 1 NSWLR 439, referred to Secretary, Department of Social Security v Field (1989) 25 FCR 425, discussed Secretary, Department of Social Security v Wetter (1993) 40 FCR 22, discussed Health Insurance Commission v Peverill (1994) 179 CLR 266, followed CHARLES CRAWFORD WILSON LOWE v SECRETARY, DEPARTMENT OF SOCIAL SECURITY NG 440 of 1997 DRUMMOND J 13 NOVEMBER 1998 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NG 440 of 1997

BETWEEN: CHARLES CRAWFORD WILSON LOWE

Applicant

AND: SECRETARY, DEPARTMENT OF SOCIAL SECURITY

Respondent

JUDGE: DRUMMOND J

DATE OF ORDER: 13/11/98

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The appeal be dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NG 440 of 1997

BETWEEN: CHARLES CRAWFORD WILSON LOWE

Applicant

AND: SECRETARY, DEPARTMENT OF SOCIAL SECURITY

Respondent

JUDGE: DRUMMOND J

DATE: 13/11/98