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

This matter concerned an appeal by Ms Chaplyn against a decision of the Secretary of the Department of Social Services regarding the calculation of her age pension rate. The dispute centred on whether a particular asset, the Yagoona Property, should be disregarded in determining the rate of her age pension. The decision was made by Member D K Grigg.

The primary legal issue before the Tribunal was to determine whether the Yagoona Property remained Ms Chaplyn’s principal home until the date the Consent Orders were signed, which would enliven an exception under subsection 1118(2) of the relevant Act. This determination was crucial for assessing whether the Settlement Sum received by Ms Chaplyn was representative of her share in the Yagoona Property.

The Tribunal acknowledged that Ms Chaplyn had indicated her share in the property should have been greater than the Settlement Sum received. However, the Tribunal lacked sufficient information to assess the true value of Ms Chaplyn’s share. Furthermore, Ms Chaplyn had stated that the settlement money included proceeds from the sale of another property, the Oberon Property. Consequently, the Tribunal found that the matter required recalculation to accurately determine the appropriate rate of age pension. The decision under review was therefore set aside and remitted for recalculation.