Harris v Director-General of Social Security [1985] HCA 1

Harris v Director-General of Social Security [1985] HCA 1

The correct calculation of overpayment for age pension purposes requires determination of the annual rate of income based on current sources and levels, aggregated as appropriate to the circumstances, not necessarily by fixed eight-week periods nor predictions of future income. The matter should be remitted to the...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
['age Pension' 'means Test' 'overpayment Recoupment' 'calculation of Income for Pension Purposes']
['social Security' 'administrative Law'] ['age Pension' 'means Test' 'overpayment Recoupment' 'calculation of Income for Pension Purposes']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['What is the correct method for calculating the amount of overpayment of age pension under the Social Services Act 1947 (Cth)?']

Ratio Decidendi

The correct calculation of overpayment for age pension purposes requires determination of the annual rate of income based on current sources and levels, aggregated as appropriate to the circumstances, not necessarily by fixed eight-week periods nor predictions of future income. The matter should be remitted to the Administrative Appeals Tribunal to make factual determinations in accordance with these principles.

Court Disposition

appeal allowed

Orders

  • ['Order of the Full Court of the Federal Court of Australia set aside.' 'The decision of the Administrative Appeals Tribunal dated 28 August 1981 is set aside.' 'The matter is remitted to the Administrative Appeals Tribunal to proceed in accordance with the reasons for judgment of the majority of this Court.' 'No...