Guyder, Alan John v Secretary, Department of Social Security & Anor [1998] FCA 420

Guyder, Alan John v Secretary, Department of Social Security & Anor [1998] FCA 420

Where both parents have equal legal and factual care and control and the statutory criteria under s 251(2) of the Social Security Act 1991 (Cth) do not provide for a specific method of selection, it is not an error of law for the Tribunal to have regard to the financial situation of the parents when determining eligibility for the sole parent pension.

Parties
Appellant: Alan John Guyder; First Respondent: Secretary, Department of Social Security; Second Respondent: Margaret Guyder
Jurisdiction
Australia
Judgment Date
25 March 1998
Procedural Posture
Appeal / On Appeal From the Administrative Appeals Tribunal, Affirming the Social Security Appeals Tribunal
Outcome
Appeal dismissed
Legal Topics
Eligibility for Sole Parent Pension, Interpretation of S 251 Social Security Act 1991, Criteria for Sole Parent Pension Determination, Assessment of Care and Control of Children
Administrative Law Social Security Law Eligibility for Sole Parent Pension Interpretation of S 251 Social Security Act 1991 Criteria for Sole Parent Pension Determination Assessment of Care and Control of Children

Case Brief

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Parties

Alan John Guyder

Appellant

Secretary, Department of Social Security

First Respondent

Margaret Guyder

Second Respondent

Procedural Posture

Appeal / On Appeal From the Administrative Appeals Tribunal, Affirming the Social Security Appeals Tribunal

Legal Issues

  1. 1 Whether the Administrative Appeals Tribunal erred in law in its interpretation and application of s 251 of the Social Security Act 1991 (Cth) regarding eligibility for the sole parent pension when both parents have equal care and control.
  2. 2 Whether the Tribunal could properly have regard to the financial situation of each parent in making its determination.

Ratio Decidendi

Where both parents have equal legal and factual care and control and the statutory criteria under s 251(2) of the Social Security Act 1991 (Cth) do not provide for a specific method of selection, it is not an error of law for the Tribunal to have regard to the financial situation of the parents when determining eligibility for the sole parent pension.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the second respondent's costs.