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

This matter concerned an appeal by Mr Howie against a decision of the Secretary of the Department of Social Services regarding his entitlement to an aged pension. The dispute centred on whether Mr and Mrs Howie had "continuously received" an income support payment, specifically an age pension, despite a period where their entitlement was nil. The case was heard by Deputy President Forgie of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine the meaning of "continuously receiving" an income support payment in the context of the Social Security Act 1991. This required an interpretation of the phrase as a whole, rather than a dissection of its individual words, to ascertain whether a temporary cessation of pension payments, due to income exceeding the allowable limits for a specific fortnight, interrupted the continuity of receiving the pension.

Deputy President Forgie reasoned that the ordinary meaning of "continuously" implies an unbroken or uninterrupted state. Applying this to the phrase "continuously receiving," the Tribunal concluded that it meant the age pension must have been provided in an unbroken or uninterrupted fashion. The Tribunal noted that while the parties did not dispute the factual circumstances of Mr Howie's earnings and the resulting calculation of his pension entitlement, the interpretation of the legislative language was crucial. The Tribunal found that the deeming provisions were not relevant to the core issue of continuity.

The Tribunal set aside the decision under review. It found that Mr and Mrs Howie had not been continuously receiving an age pension because there was a fortnight where their entitlement was nil, thereby breaking the continuity.