Longa v Secretary, Department of Family & Community Services [2002] FCA 1032

FEDERAL COURT OF AUSTRALIA

Longa v Secretary, Department of Family & Community Services

[2002] FCA 1032

SOCIAL SECURITY – calculation of age pension entitlement – pension received by applicant from Defence Force Retirement and Death Benefit ("DFRDB") Fund was taken into account as income when calculating the rate of age pension payable to him – applicant contributed to the Fund during 25 years of service in RAAF – applicant decided in 1973 to re-engage for further service of 5 years – applicant contended that at time of re-engagement the DFRDB pension was not treated as income for the purpose of calculating the age pension – applicant asserted that this induced him to re-engage for further RAAF service – also asserted that amendments subsequently made to Social Security Act introduced requirement that DFRDB pension payments be assessed as income for the purpose of calculating the rate of age pension – applicant became eligible for age pension in 1997, applied and was granted age pension with effect from 8 January 1998 – applicant claimed that he would not have re-engaged for a further period of 5 years service had he known that the DFRDB pension payments would be assessed as income for the purposes of calculating the rate of age pension – whether repealed legislation should apply to applicant – whether any relevant right or privilege preserved – whether any error of law on the part of the Administrative Appeals Tribunal.

Social Security Act 1991 (Cth), ss 8(1), 9(1), 55, 1064, 1099 Acts Interpretation Act 1901 (Cth), s 8(b) and (c) IMERIO LONGA v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES W296 of 2001 CARR J 19 AUGUST 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W296 OF 2001

BETWEEN: IMERIO LONGA

Applicant

AND: SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES