Fischer v Secretary, Department of Families, Housing, Community Services & Indigenous Affairs [2010] FCA 441

FEDERAL COURT OF AUSTRALIA

Fischer v Secretary, Department of Families, Housing, Community Services & Indigenous Affairs [2010] FCA 441 Citation: Fischer v Secretary, Department of Families, Housing, Community Services & Indigenous Affairs [2010] FCA 441

Appeal from: Fischer and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2009] AATA 586

Parties: JENNIFER FISCHER v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

File number: NSD 981 of 2009

Judges: KATZMANN J

Date of judgment: 7 May 2010

Catchwords: SOCIAL SECURITY – disability support pension – deemed income from financial assets under s 1076 of the Social Security Act - value of assets under s 1121(1) of the Social Security Act – effect of a charge or encumbrance on the value of financial assets under s 1121(1) of the Social Security Act SOCIAL SECURITY – waiver of debt – waiver where special circumstances under s 1237AAD of the Social Security Act – interpretation of special circumstances – whether special circumstances must be unique to debtor

Legislation: Acts Interpretation Act 1901 (Cth), ss 15AA, 15AB Administrative Appeals Tribunal Act 1975 (Cth), s 44 Social Security Act 1991 (Cth), ss 9, 117, 1064, 1072, 1076, 1083, 1118, 1121, 1237A, 1237AAD Social Security (Administration) Act 1999 (Cth), s 68 Federal Court Rules, O 53 r 3(2)