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Evidence Presented by Centrelink

Added on - 03 Feb 2020

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ADMINISTRATIVE LAW
TABLE OF CONTENTSRESPONDENT’S STATEMENT OF FACTS, ISSUES AND CONTENTIONS..........................1Decision Under Review..............................................................................................................1Issue.............................................................................................................................................1Jurisdiction to review the case....................................................................................................1Submission..................................................................................................................................1Decisions Sought.........................................................................................................................6REFERENCES................................................................................................................................7
ADMINISTRATIVE APPEALS TRIBUNAL)GENERAL ADMINISTRATIVE DIVISION)Counsel for the Applicant:RESPONDENT’S STATEMENT OF FACTS, ISSUES AND CONTENTIONSDecision Under Review1.The instant reseeks a second review of the decision ofAdministrative Appeals Tribunal(hereinafter referred as 'AAT') dated 8April 2017, in relation to ascertainment ofCentrelink affirming a debt of$29,382.85 owed by Applicant pursuant to the provisionsof Social Security Act 1991.Issue2.The Issue which is being presented before AAT is whether the Applicant is entitled toreceive Age Pension in accordance to the Social Security Law.3.Whether the Applicant owes the alleged overpayment of Age pension to Centrelink.Jurisdiction to review the case4.In accordance to Section 44(2A) of the AAT Act, an appeal to the decision of the Thetribunal in the first review shall be made within a time period of 28 days. In pursuance tothis provision the present review is being instituted on 14thApril 2017, after a time lapseof 6 days. Thus, it can be stated that the present review application is well within thelimitation period and the Tribunal has full powers to decide the instant case.Submission5.That the Applicant has been residing in Australia since the year 1958 and was married toan Australian till 2008, until his wife expired. In pursuance to the same it is stated that theApplicant has been residing in the nation for more than 10 years now and thus,completely satisfies the qualification requirements as provided in Section 43 (1)(a) of theSocial Security Act 1991.1Further, it is stated that the Applicant has crossed the1Kudrna, George, and Alan D. Woodland. "Implications of the 2009 age pension reform in Australia: Adynamic general equilibrium analysis."Economic Record87.277 (2011): 183-201.1
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