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

This matter concerned an appeal by Forner against a decision of the Secretary of the Department of Social Services regarding the assessment of assets for the purposes of an age pension. The dispute centred on whether certain funds placed into accounts for the benefit of Forner's grandchildren constituted a disposal of assets for the purposes of the social security legislation. The Administrative Appeals Tribunal was required to determine the nature of these transactions and their impact on Forner's eligibility for the age pension.

The primary legal issues before the Tribunal were whether the funds transferred to the grandchildren's accounts were to be treated as disposed of assets, the quantum of any such disposal, and the relevant date of disposal. These questions were critical in determining whether Forner had deprived herself of assets in a manner that would affect her pension entitlement under the relevant provisions of the *Social Security Act 1991* (Cth).

The Tribunal considered the nature of the accounts established for the grandchildren and the terms under which the funds were held. It found that while the funds were placed into accounts for the benefit of the grandchildren, Forner retained a significant degree of control and benefit from these funds. Consequently, the Tribunal concluded that the transactions did not amount to a disposal of assets in the manner contemplated by the legislation. The decision under review was varied to reflect this finding.