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

This matter concerned an appeal by Mr. Voloder against a decision by the Secretary of the Department of Social Services regarding his age pension rate. The dispute arose from the calculation of Mr. Voloder's age pension, which was reduced due to the inclusion of his wife's employment income, his own foreign pension income, and deemed investment income. Mr. Voloder contended that the method used by the Department to calculate his pension, particularly the averaging of his wife's income and the annualisation of his overseas pension, was incorrect. The Administrative Appeals Tribunal was tasked with reviewing this decision.

The primary legal issue before the Tribunal was whether the Secretary correctly applied the provisions of the *Social Security Act 1991*, specifically section 1064 and the Pension Rate Calculator A, in determining Mr. Voloder's age pension rate. This involved scrutinising how the income and assets tests were applied, particularly in relation to the attribution of his wife's income and the treatment of his foreign pension. The Tribunal also considered whether the Department had fulfilled its obligations to inform Mr. Voloder of his reporting requirements.

The Tribunal found that the Department's calculations were indeed incorrect. It determined that the Department had erred in averaging Mrs. Voloder's income over a period that did not accurately reflect her actual earnings for the relevant pension assessment periods. Furthermore, the Tribunal noted that the Department had failed to properly account for the specific reporting obligations and the timing of income attribution under the relevant legislation. The Tribunal concluded that the decision under review was not in accordance with the law.

Consequently, the Tribunal set aside the decision of the Secretary and substituted a new decision. The Tribunal ordered that Mr. Voloder's age pension be recalculated in accordance with its findings, effectively correcting the errors in the previous assessment.