Secretary, Department of Social Security v Lowe [1999] FCA 705

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Social Security v Lowe [1999] FCA 705

ADMINISTRATIVE LAW ) SOCIAL SECURITY) – sole parent pension – choice of recipient where care of child was shared between separated parents – meaning of "in the adult's care" in s 5(2) of the Social Security Act 1991 – meaning of provision in s 251 of the Social Security Act that "a young person can be an SPP child of only one person at a time" – principle that the Act is beneficial legislation to be construed in accordance with its purpose – interpretation of the Act, as a "clear English" version of the Social Security Act 1947, in the light of that historical context – interpretation of "care" as including care given through delegation from a distance – where each parent in turn took charge of the child by agreement with the other week and week about, held s 251 applied to require a recipient of the pension to be chosen by the Secretary of the Department. APPEALS – principle that an appeal is against orders, not reasons – where an order, read in the light of the reasons, leaves open to be implemented conclusions that are erroneous, appeal court may vary the order by an appropriate declaration. WORDS & PHRASES – "time", "at a time". Social Security Act 1991 (Cth), ss 5(2), 249(1), 250, 251 Social Security Act 1947 (Cth), ss 52, 95, 160(2) Family Law Reform Act 1995 (Cth) Lowe v Secretary, Department of Social Security (1998) 159 ALR 395; 24 Fam LR 120 reversed in part Secretary, Department of Social Security v Field (1989) 25 FCR 425 at 429 applied Secretary, Department of Social Security v Cooper (1990) 97 ALR 364 applied Secretary to the Department of Social Security v Van Luc Ho (1987) 17 FCR 582 applied Re Secretary, Department of Social Security and Underwood (1991) 25 ALD 343 applied Brooks v Ellis [1972] 2 All ER 1204 referred to Blunn v Cleaver (1993) 47 FCR 111 applied Short v F W Hercus Pty Ltd (1993) 40 FCR 511 applied Van Cong Huynh v Secretary, Department of Social Security (1988) 18 FCR 402 applied B and B: Family Law Reform Act 1995 (1997) 21 Fam LR 676 referred to Vidler v Secretary, Department of Social Security (1995) 61 FCR 370 applied Re Edwards and Secretary, Department of Social Security (1994) 32 ALD 711 disapproved Secretary, Department of Social Security v Wetter (1993) 40 FCR 22 referred to Re Vidler and Secretary, Department of Social Security (1994) 20 AAR 223 approved Baxter Healthcare Pty Ltd v Comptroller-General of Customs (1997) 72 FCR 467 applied