Bornecrantz and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Bornecrantz against a decision of the Secretary of the Department of Social Services regarding the assessment of her income for the purposes of social security benefits. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the Secretary's decision.

The primary legal issue before the Tribunal was whether certain payments received by Bornecrantz constituted income under the relevant social security legislation. Specifically, the Tribunal had to determine if these payments were of a kind that should be disregarded for the purposes of calculating her entitlement to a social security pension.

The Tribunal considered the nature of the payments and the legislative provisions governing income assessment. It applied the principles of statutory interpretation to determine whether the payments fell within the definition of income or were specifically exempted. The Tribunal's reasoning focused on the characterisation of the payments and their intended purpose, as well as the specific wording of the Social Security Act 1991 (Cth).

The Tribunal affirmed the Secretary's decision, finding that the payments in question were assessable income and therefore reduced Bornecrantz's pension entitlement.