Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Mouratidis (No 3) [2011] FCA 268

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Mouratidis (No 3) [2011] FCA 268 Citation: Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Mouratidis (No 3) [2011] FCA 268

Appeal from: Re Secretary, Department of Families, Housing, Community Services and Indigenous Affairs and Mouratidis [2010] AATA 318

Parties: SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS v MICHAEL MOURATIDIS

File number: VID 420 of 2010

Judge: DODDS-STREETON J

Date of judgment: 24 March 2011

Catchwords: SOCIAL SECURITY – disability support pension – extension of portability period – appeal from decision of the Administrative Appeals Tribunal that the respondent is entitled to a continuation of the payment of his disability support pension – whether appreciable deterioration of illness may constitute the occurrence of an "event" for the purposes of Social Security Act 1991 (Cth) s 1218C(1)(b) – whether respondent entitled to rely on an "event" that occurred while absent from Australia to extend the portability period, despite his temporary return – appeal dismissed.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44(1) Social Security Act 1991 (Cth), ss 1213, 1214, 1215, 1217, 1218AA, 1218C

Cases cited: Frank v Frank [1951] P. 430 Re Manolev and Secretary, Department of Family and Community Services (2005) 88 ALD 794 Re Morched and Secretary, Department of Family and Community Services [2009] AATA 584 Swymer v Swymer [1955] P. 11 Turner v American Metal Co. Limited 36 N.Y.S. 2d 356 at 384 (1944) Wyatt v Wyatt [1954] P. 26