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

This matter concerned an appeal by Mr Pikoulas against a decision by the Secretary, Department of Social Services regarding the assessment of his age pension. The central dispute revolved around whether Mr Pikoulas' Dutch pension should be counted as income for the purposes of the age pension means test, and whether the Tribunal was estopped from reconsidering this issue. The case was heard by Ms N Isenberg, Senior Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether the Dutch pension constituted income for the purposes of the age pension means test, and whether the Tribunal was estopped from reconsidering its previous decision on this matter, given that no new evidence had been presented by Mr Pikoulas. The Tribunal was also required to consider the application of the Social Security Act 1991, particularly provisions relating to the income and assets tests for the age pension, and the exemption for proceeds from the sale of a former principal home.

The Tribunal found that the issue of the Dutch pension being income had been previously determined in Mr Pikoulas' favour in an earlier Tribunal decision. Applying the principles of estoppel, as discussed in cases such as *Soames* and *Marchlewski*, the Tribunal concluded that it was prevented from reconsidering the same issue in the absence of new evidence. Consequently, the Dutch pension was to be included in the calculation of Mr Pikoulas' assessable assets for the purposes of the age pension assets test. The Tribunal also directed that Mr Pikoulas' property in Greece and his Greek bank account were to be included as assessable assets.

The decision under review was set aside and the matter was remitted to the Secretary, Department of Social Services for reconsideration. The directions specified that Mr Pikoulas' assessable assets were to include his property in Greece valued at AUD300,000, his Greek bank account with a balance of EUR108,400, and his Dutch pension.