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

This matter concerned an appeal by the applicant, Mr. Simpson, against a decision by the Secretary of the Department of Social Services to cancel his age pension. The dispute centred on the valuation of a property, specifically Mr. Simpson's share in a property located at Maraylya, for the purposes of the assets test under social security law. The decision was made by A Poljak SM in the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Mr. Simpson had effectively sold his share of the Maraylya property to his son in January 2015, and consequently, whether a common intention constructive trust existed over that share. These questions were crucial to determining the net market value of Mr. Simpson's assets for the purpose of assessing his eligibility for an age pension as at 28 December 2018.

The Tribunal found that the evidence presented was insufficient to establish that Mr. Simpson's son had acted to his detriment based on a common intention that would grant him a beneficial interest in the property from January 2015. Accordingly, the Tribunal concluded that Mr. Simpson and his wife continued to be the legal and beneficial owners of their 50% interest in the Maraylya property as at 28 December 2018. The Tribunal determined that the 2018 valuation was the appropriate one for assessing Mr. Simpson's age pension entitlement. As his assets, including his share of the property, exceeded the threshold for receiving an age pension, the Tribunal affirmed the decision to cancel his pension from 28 December 2018.