JOHN SHAW and SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

[2009] AATA 564

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2009] AATA 564

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No   2009/0709

GENERAL ADMINISTRATIVE  DIVISION		)
Re		JOHN SHAW

Applicant

And SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

Respondent

DECISION

Tribunal Mr John Handley, Senior Member

Date31 July 2009  

PlaceMelbourne

Decision   The decision under review will be affirmed.

..............................................

John Handley
  Senior Member

CATCHWORDS – Cancellation of parenting payment; applicant a single parent; assets exceed threshold; no powers to review advice of Centrelink officers; decision affirmed.

Social Security Act 1991 (Cth) s 500Q, s 503, s 1068A

Social Security (Administration) Act 1999 s 80

REASONS FOR DECISION

Mr John Handley, Senior Member           

1.      These reasons for decision have been completed by regard to documents lodged by the respondent, being extensive extracts from a file held by Centrelink.  Regard has also been had to a Statement of Facts and Contentions lodged by an advocate on behalf of Centrelink.  The review has been completed in this manner by the consent of both parties rather than an appearance before this Tribunal where the respective case of each party would have been argued.

2.      By regard to the above documents I am satisfied and find as follows:

(i)This is a review of a decision made by the Social Security Appeals Tribunal (the SSAT) on 21 January 2009.  The SSAT then decided to affirm a decision previously made by an Authorised Review Officer (ARO) of Centrelink to cancel the applicant's Parenting Payment (PP).

(ii)The applicant is a single person with one dependent child and is a homeowner.  The quantum of PP is dependent upon a claimant's assets.

(iii)By regard to the reasons for decision of the SSAT and a calculation of the applicant's assets found within the T‑documents at pages 70 and 71, at all relevant times the quantum of assets, excluding domestic premises, was $181,769.

(iv)Having regard to the combined provisions of s 500Q, s 503 and s 1068A of the Social Security Act 1991 (the Act) and s 80 of the Social Security (Administration) Act 1999, if the combined assets of a claimant in the position of the applicant exceed the maximum limit of $157,000, PP shall be cancelled.

(v)That decision was made.

3.      It would appear from the documents lodged and from the application for review lodged at this Tribunal that the applicant does not challenge the calculation made quantifying his assets or the interpretation of the legislation undertaken by Centrelink.  It would appear that the applicant is unhappy with the advice or the absence of advice (from Centrelink) with respect to the manner in which his combined assets would be valued and or a failure to advise him that some of those assets could legitimately have been invested in a manner which would permit a quantification below the asset limit.

4.      The decision under review with respect to the cancellation of PP must in the circumstances be affirmed.  This Tribunal has no power to make any decision concerning the absence of adequate advice from Centrelink officers.

I certify that the 4 preceding paragraphs are a true copy of the reasons for the decision herein of
Mr John Handley, Senior Member

Signed:         .....................................................................................
  Grace Carney Personal Assistant

Date of Hearing  20 July 2009 
Date of Decision  31 July 2009
Solicitor for the Applicant                Self-represented
Solicitor for the Respondent           Tim De Uray
  Centrelink Legal Services