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

The Administrative Appeals Tribunal considered the case of Mr. Schultz and the Secretary, Department of Social Services, concerning the calculation of Mr. Schultz's Pension Bonus. The dispute arose because Mr. Schultz believed the amount of his Pension Bonus was incorrectly calculated, primarily due to the inclusion of proceeds from the sale of a property in his assets assessment. He contended that he had received incorrect advice from a Department officer regarding the calculation of the bonus.

The legal issues before the Tribunal were whether the proceeds of the sale of Mr. Schultz's property were correctly regarded as part of his assets for the purpose of calculating his age pension and Pension Bonus, and whether any advice provided by a Department officer amounted to a misrepresentation that should alter the outcome. The Tribunal was required to determine if the Department's assessment, which reduced his pension and bonus due to his asset levels, was in accordance with the relevant legislative provisions.

The Tribunal reasoned that the legislation, specifically sections 55 and 1064 of the Act, links the Pension Bonus amount to an income and assets test. It found that the property sold by Mr. Schultz was not his principal home at the time of his claim, nor was he temporarily absent from it. Consequently, the funds received from its sale were correctly included in his assessable assets. The Tribunal concluded that the Department's calculation of Mr. Schultz's age pension and Pension Bonus, based on these assessable assets, was correct according to the law. The Tribunal affirmed the decision under review.