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

This matter concerned an appeal by Mrs Catterall against decisions affirming the rate of her Newstart Allowance (NSA) and her husband Mr Catterall's Age Pension. The dispute arose from the application of deeming rules to the account balance of Mrs Catterall's allocated income stream, which she claimed resulted from incorrect advice received from Centrelink. The case was heard by R W Dunne SM.

The primary legal issue before the court was whether Mrs Catterall could be considered to have been "continuously receiving an income support payment" within the meaning of clause 48(2)(c)(i) of Part 2 of Schedule 11 of the Amending Act, following a period of absence from Australia between 21 February 2015 and 19 March 2015. This continuity was crucial for determining whether the "grandfathering" provisions, exempting her income stream from the deeming rules, would continue to apply.

The court considered the legislative framework, particularly the Amending Act and its application provisions. While acknowledging Mrs Catterall's assertion of receiving incorrect advice from Centrelink, the court stated it could not address this aspect of the claim. The court disagreed with the Administrative Appeals Tribunal's finding that the amended legislation only applied during the period Mrs Catterall's NSA was not payable due to her absence. The court reasoned that the legislative change took effect from 1 January 2015, and the amended law applied from that date to certain investments subject to deeming rules. The court concluded that clause 48(2)(c)(i) of the Relevant Provisions did not recommence applying to Mrs Catterall upon her return to Australia on 20 March 2015.

The decision of the Administrative Appeals Tribunal was set aside. The court determined that Mrs Catterall's entitlement to NSA and Mr Catterall's entitlement to Age Pension should be determined on the basis that clause 48(2)(c)(i) of the Relevant Provisions did not apply again to Mrs Catterall after her return to Australia. The court also noted that the respondents, or Mrs Catterall, might have grounds to make a claim for compensation under the CDDA Scheme.