Anstis v Secretary, Department of Social Security [1999] FCA 1176

FEDERAL COURT OF AUSTRALIA

Anstis v Secretary, Department of Social Security [1999] FCA 1176 SOCIAL SECURITY – assets test – disposal of assets – whether value of disposed asset to be taken into account when calculating rate of Newstart Allowance – whether value of disposed asset to be taken into account when determining entitlement to and rate of partner's Parenting Allowance – meaning of "whether … allowance is payable" in s 1125A of Social Security Act 1991 (Cth) – meaning of 'person' in s 1125A – whether asset disposed of in 'pension year' pursuant to s 1126 of Social Security Act 1991 (Cth). Social Security Act 1991 (Cth) ss 9(1), 9(4), 11(10), 11(10A), 1078, 1125A, 1126

Blunn v Cleaver (1993) 47 FCR 111 referred to Re De Ryk and Secretary, Department of Social Security (1994) 35 ALD 85 not followed

MICHAEL ANSTIS and TESSA ANSTIS v SECRETARY, DEPARTMENT OF SOCIAL SECURITY

VG618 of 1998

WEINBERG J 27 AUGUST 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 618 OF 1998

BETWEEN: MICHAEL ANSTIS

First Applicant

TESSA ANSTIS

Second Applicant

AND: SECRETARY, DEPARTMENT OF SOCIAL SECURITY

Respondent

JUDGE: WEINBERG J

DATE OF ORDER: 27 AUGUST 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applicants' appeal be dismissed. 2. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 618 OF 1998

BETWEEN: MICHAEL ANSTIS

First Applicant

TESSA ANSTIS

Second Applicant

AND: SECRETARY, DEPARTMENT OF SOCIAL SECURITY

Respondent

JUDGE: WEINBERG J

DATE: 27 AUGUST 1999

PLACE: MELBOURNE