Administrative law (Cth) – Social security – Where application of income test in Module H of Youth Allowance Rate Calculator in s 1067G of Social Security Act 1991 (Cth) reduced rate of youth allowance in certain circumstances where ordinary income earned, derived or received – Where point 1067G-H23 of Module H provided "ordinary income is to be taken into account in the fortnight in which it is first earned, derived or received" – Where appellant received youth allowance for 14-day instalment period beginning on Thursday and ending on second Wednesday that followed – Where appellant worked as casual employee at grocery store without fixed days or hours of work – Where appellant paid weekly by employer for hours worked during period of 7 days beginning on Monday and ending on Sunday of preceding week – Where appellant required to report gross amount "earned for work done" during each instalment period – Where youth allowance instalment period did not align with weekly payslips – Where appellant consistently and mistakenly reported net income in payslips for two preceding working weeks – Where Secretary gave notice in respect of debt which Secretary considered had arisen by operation of s 1223(1) of Social Security Act – Where Secretary satisfied certain ordinary income received but could not be satisfied as to fortnight in which ordinary income earned – Whether, and if so how, point 1067G-H23 required such ordinary income to be taken into account.
Words and phrases – "daily rate", "debt", "first earned, derived or received", "fortnightly instalment period", "gross income ", "income test", "net income", "ordinary income", "overpayment", "rate calculator", "social security", "social security benefit", "social security payment", "social security periodic payment", "youth allowance", "Youth Allowance Rate Calculator".
Social Security Act 1991 (Cth), ss 8, 1067G, 1223(1), 1229.
Social Security (Administration) Act 1999 (Cth), s 8.