Saddi v Secretary, Department of Social Security [1995] FCA 792

Saddi v Secretary, Department of Social Security [1995] FCA 792

The Court refused an extension of time because, on the accepted facts and the applicable social security legislation, Mr Saddi had no entitlement to rent assistance for the periods claimed: before May 1986 rent assistance was not payable to recipients of unemployment or special benefits and he had not established entitlement to sickness benefit, and from March 1990 to March 1993 he paid Government rent to the NSW Housing Commission, which was excluded from rent assistance. There was no arguable error of law in the AAT decision, so granting an extension would be futile.

Jurisdiction
Australia
Judgment Date
06 October 1995
Procedural Posture
Application for Extension of Time to File a Notice of Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 From a Decision of the Administrative Appeals Tribunal / Federal Court Hearing of Application for Extension of Time
Outcome
Application dismissed with no order for costs.
Legal Topics
['extension of Time' 'appeal on a Question of Law From Administrative Appeals Tribunal' 'rent Assistance' 'unemployment Benefits' 'special Benefits' 'sickness Benefits' 'government Rent' 'nsw Housing Commission Accommodation']
['administrative Law' 'social Security Law'] ['extension of Time' 'appeal on a Question of Law From Administrative Appeals Tribunal' 'rent Assistance' 'unemployment Benefits' 'special Benefits' 'sickness Benefits' 'government Rent' 'nsw Housing Commission Accommodation']

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Procedural Posture

Application for Extension of Time to File a Notice of Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 From a Decision of the Administrative Appeals Tribunal / Federal Court Hearing of Application for Extension of Time

Legal Issues

  1. 1 ['Whether time should be extended for Mr Saddi to appeal under s 44 of the Administrative Appeals Tribunal Act 1975 from the AAT decision.' "Whether there was any arguable error of law in the AAT's conclusion that Mr Saddi was not entitled to rent assistance for 1982 to 1986 or March 1990 to March 1993." 'Whether rent assistance was available to a person receiving unemployment benefits or special benefits before the May 1986 amendments to the Social Security Act 1947.' 'Whether rent assistance was available while Mr Saddi paid Government rent to the Housing Commission of New South Wales.']

Ratio Decidendi

The Court refused an extension of time because, on the accepted facts and the applicable social security legislation, Mr Saddi had no entitlement to rent assistance for the periods claimed: before May 1986 rent assistance was not payable to recipients of unemployment or special benefits and he had not established entitlement to sickness benefit, and from March 1990 to March 1993 he paid Government rent to the NSW Housing Commission, which was excluded from rent assistance. There was no arguable error of law in the AAT decision, so granting an extension would be futile.

Court Disposition

Application dismissed with no order for costs.

Orders

  • ['The application be dismissed with no order for costs.']