Social Security and Family Assistance Law:
Autor Peter Sutherland Allan Anforthen Limba Engleză Paperback – 31 mai 2005
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Specificații
ISBN-13: 9781862875005
ISBN-10: 1862875006
Pagini: 991
Dimensiuni: 160 x 238 x 45 mm
Greutate: 1.17 kg
Ediția:Revizuită
Editura: Federation Press
ISBN-10: 1862875006
Pagini: 991
Dimensiuni: 160 x 238 x 45 mm
Greutate: 1.17 kg
Ediția:Revizuită
Editura: Federation Press
Cuprins
Contents Editorial Contributions Contributors Acknowledgments Currency of Legislation and Annotations Key to case Citation Abbreviations and Acronyms Table of Cases Table of Statutes SOCIAL SECURITY LAW Social Security Act 1991 Table of Parts Introductory Pensions, benefits and allowances Benefits and concessions other than payments Student financial supplement scheme Assurances of Support General provisions relating to payability and rates International agreements and portability Overpayments and debt recovery Schedules Social Security (Administration) Act 1999 Table of Parts Preliminary General administration of social security law Provision of benefits Nominees Review of decisions Information management Offences Miscellaneous Transitional and savings provisions Schedules Social Security (International Agreements) Act 1999 Table of Parts Preliminary International social security agreements Calculation of international agreement portability rates Regulations Schedules FAMILY ASSISTANCE LAW A New Tax System (Family Assistance) Act 1999 Table of Parts Preliminary Interpretation Eligibility for family assistance Rate of family assistance One-off payments to families Schedules A New Tax System (Family Assistance) (Administration) Act 1999 Table of Parts Preliminary Interpretation Payment of family assistance Overpayments and debt recovery Review of decisions Provisions relating to information Liability of corporations, employers and principals for offences Approval of child care services and registered carers Obligations of, and advances to, approved child care services Nominees Other matters A New Tax System (Family Assistance and Related Measures) Act 2000 Appendix 1: Amendment History - Social Security Act 1991 Appendix 2: Amendment History - Social Security (Administration) Act 1999 Appendix 3: Admentment History - Social Security (International Agreements) Act 1999 Appendix 4: Amendment History - ANTS (Family Assistance) Act 1999 Appendix 5: Amendment History - ANTS (Family Assistance) (Administration) Act 1999 Index
Recenzii
Most personal injury plaintiff litigators want to know how much is repayable to Centrelink, and how long they will be “off’ the disability pension or other benefit following a proposed settlement of a workers compensation or common law injury claim. Part 3.14 of the annotated Social Security Act will be the most thumbed 50 pages of this thorough work, together with the 15 pages on compensation recovery definitions. … As for the remainder of the Social Security Act annotated pages, this text will be invaluable for those lawyers working in the welfare rights field, and in Centrelink and its solicitors’ offices. Christopher Ryan, Ethos (ACT Law Society Newsletter), July 2005 The name of Peter Sutherland has become synonymous with high quality writing in the area of Administrative Law. This publication is no exception. … Anyone familiar with social security legislation and the concepts embodied in it, will know what a difficult area of the law it is to follow. I laugh at the suggestion that the 1991 Act was designed to make it “more accessible to persons without legal trainingâ€. In that, the draftsmen have been, may I suggest, spectacularly unsuccessful. The Act remains difficult to interpret and follow and many Tribunal decisions seem to be inconsistent and of little help in identifying the likely result of any particular application. the authors of this book have done, is to draw together the more prominent decisions in the many areas covered by the legislation and then suggest the likely interpretation to be applied by a Tribunal. ay of one example only, let me discuss a concept with which most family law practitioners would be familiar, namely, the question of when a couple are living separately and apart, although under the same roof. If they are living apart for the purposes of this legislation, they are entitled to greater benefits than if they are not. The test is not the same, nor, is it necessarily to be determined by a finding of fact in a Family Court hearing, but is to be determined on the facts presented to the Tribunal. This edition has become necessary because of the changed structure of the Social Security Act, but at the same time, it deals with continuing issues which can arise under the repealed provisions of the 1991 Act and the 1947 Act. … I cannot emphasise too strongly, what an invaluable source of ready information this book contains on social security related issues. It should be seriously considered for every practitioner’s library. Tasmanian Law Society Newsletter Reviews of the first edition It has been an invaluable service to practitioners and scholars in the field … a most useful update for practitioners, providing a means by which both social security legislation and its interpretation can be quickly accessed. Alternative Law Journal, Vol 27 No 3, 2002 Without a doubt Social Security and Family Assistance Law made the task a lot quicker and easier. … The annotations are clearly set, out, current and of a high quality. Commentary is provided on well-known areas of social security law as well as areas that are becoming more complex and controversial … The book annotates both substantive and procedural provisions.… Another notable feature of the text is the inclusion of decisions under repealed provisions of the 1991 Act. This is particularly useful. Advocates will often have to resort to repealed provisions … I should also note the size of the publication. It is amazing how much you can fit into a single volume! This is significant because it not only ensures mobility (you can actually carry it to court or tribunal without overloading the trolley) but also affordability … Reform, Issue 79, 2001 One of the most complex and difficult Commonwealth Acts to understand must be the Social Security Act. Thus a text which explains and cross references the various provisions, whilst at the same time identifying the relevant authorities, is a necessary tool in working with this Act. The authors are well known … If you practice in Family Law or areas in which advice needs to be given in relation to Social Security related issues, this book will provide a ready tool to enable you to better understand the legislation and therefore better advise your clients. Law Society of Tasmania Newsletter, October 2001 This annotated collection of social security legislation includes comprehensive but relevant and concise case extracts and commentary. There are six comprehensive sections, each devoted to different social security-related legislation. The chapter on the Social Security Act incorporates an extremely useful definitions and interpretation section. This covers all possible scenarios …While not at the glamour end of legal practice, this book provides excellent support for all those practitioners regularly advising clients in administration and family law. Law Institute Journal (Vic), December 2002
Most personal injury plaintiff litigators want to know how much is repayable to Centrelink, and how long they will be aaC--oeoffaaC--(t) the disability pension or other benefit following a proposed settlement of a workers compensation or common law injury claim. Part 3.14 of the annotated Social Security Act will be the most thumbed 50 pages of this thorough work, together with the 15 pages on compensation recovery definitions. aaC--| As for the remainder of the Social Security Act annotated pages, this text will be invaluable for those lawyers working in the welfare rights field, and in Centrelink and its solicitorsaaC--(t) offices. Christopher Ryan, Ethos (ACT Law Society Newsletter), July 2005 The name of Peter Sutherland has become synonymous with high quality writing in the area of Administrative Law. This publication is no exception. aaC--| Anyone familiar with social security legislation and the concepts embodied in it, will know what a difficult area of the law it is to follow. I laugh at the suggestion that the 1991 Act was designed to make it aaC--oemore accessible to persons without legal trainingaaC--. In that, the draftsmen have been, may I suggest, spectacularly unsuccessful. The Act remains difficult to interpret and follow and many Tribunal decisions seem to be inconsistent and of little help in identifying the likely result of any particular application. the authors of this book have done, is to draw together the more prominent decisions in the many areas covered by the legislation and then suggest the likely interpretation to be applied by a Tribunal. ay of one example only, let me discuss a concept with which most family law practitioners would be familiar, namely, the question of when a couple are living separately and apart, although under the same roof. If they are living apart for the purposes of this legislation, they are entitled to greater benefits than if they are not. The test is not the same, nor, is it necessarily to be determined by a finding of fact in a Family Court hearing, but is to be determined on the facts presented to the Tribunal. This edition has become necessary because of the changed structure of the Social Security Act, but at the same time, it deals with continuing issues which can arise under the repealed provisions of the 1991 Act and the 1947 Act. aaC--| I cannot emphasise too strongly, what an invaluable source of ready information this book contains on social security related issues. It should be seriously considered for every practitioneraaC--(t)s library. Tasmanian Law Society Newsletter Reviews of the first edition It has been an invaluable service to practitioners and scholars in the field aaC--| a most useful update for practitioners, providing a means by which both social security legislation and its interpretation can be quickly accessed. Alternative Law Journal, Vol 27 No 3, 2002 Without a doubt Social Security and Family Assistance Law made the task a lot quicker and easier. aaC--| The annotations are clearly set, out, current and of a high quality. Commentary is provided on well-known areas of social security law as well as areas that are becoming more complex and controversial aaC--| The book annotates both substantive and procedural provisions.aaC--| Another notable feature of the text is the inclusion of decisions under repealed provisions of the 1991 Act. This is particularly useful. Advocates will often have to resort to repealed provisions aaC--| I should also note the size of the publication. It is amazing how much you can fit into a single volume! This is significant because it not only ensures mobility (you can actually carry it to court or tribunal without overloading the trolley) but also affordability aaC--| Reform, Issue 79, 2001 One of the most complex and difficult Commonwealth Acts to understand must be the Social Security Act. Thus a text which explains and cross references the various provisions, whilst at the same time identifying the relevant authorities, is a necessary tool in working with this Act. The authors are well known aaC--| If you practice in Family Law or areas in which advice needs to be given in relation to Social Security related issues, this book will provide a ready tool to enable you to better understand the legislation and therefore better advise your clients. Law Society of Tasmania Newsletter, October 2001 This annotated collection of social security legislation includes comprehensive but relevant and concise case extracts and commentary. There are six comprehensive sections, each devoted to different social security-related legislation. The chapter on the Social Security Act incorporates an extremely useful definitions and interpretation section. This covers all possible scenarios aaC--|While not at the glamour end of legal practice, this book provides excellent support for all those practitioners regularly advising clients in administration and family law. Law Institute Journal (Vic), December 2002
Most personal injury plaintiff litigators want to know how much is repayable to Centrelink, and how long they will be aaC--oeoffaaC--(t) the disability pension or other benefit following a proposed settlement of a workers compensation or common law injury claim. Part 3.14 of the annotated Social Security Act will be the most thumbed 50 pages of this thorough work, together with the 15 pages on compensation recovery definitions. aaC--| As for the remainder of the Social Security Act annotated pages, this text will be invaluable for those lawyers working in the welfare rights field, and in Centrelink and its solicitorsaaC--(t) offices. Christopher Ryan, Ethos (ACT Law Society Newsletter), July 2005 The name of Peter Sutherland has become synonymous with high quality writing in the area of Administrative Law. This publication is no exception. aaC--| Anyone familiar with social security legislation and the concepts embodied in it, will know what a difficult area of the law it is to follow. I laugh at the suggestion that the 1991 Act was designed to make it aaC--oemore accessible to persons without legal trainingaaC--. In that, the draftsmen have been, may I suggest, spectacularly unsuccessful. The Act remains difficult to interpret and follow and many Tribunal decisions seem to be inconsistent and of little help in identifying the likely result of any particular application. the authors of this book have done, is to draw together the more prominent decisions in the many areas covered by the legislation and then suggest the likely interpretation to be applied by a Tribunal. ay of one example only, let me discuss a concept with which most family law practitioners would be familiar, namely, the question of when a couple are living separately and apart, although under the same roof. If they are living apart for the purposes of this legislation, they are entitled to greater benefits than if they are not. The test is not the same, nor, is it necessarily to be determined by a finding of fact in a Family Court hearing, but is to be determined on the facts presented to the Tribunal. This edition has become necessary because of the changed structure of the Social Security Act, but at the same time, it deals with continuing issues which can arise under the repealed provisions of the 1991 Act and the 1947 Act. aaC--| I cannot emphasise too strongly, what an invaluable source of ready information this book contains on social security related issues. It should be seriously considered for every practitioneraaC--(t)s library. Tasmanian Law Society Newsletter Reviews of the first edition It has been an invaluable service to practitioners and scholars in the field aaC--| a most useful update for practitioners, providing a means by which both social security legislation and its interpretation can be quickly accessed. Alternative Law Journal, Vol 27 No 3, 2002 Without a doubt Social Security and Family Assistance Law made the task a lot quicker and easier. aaC--| The annotations are clearly set, out, current and of a high quality. Commentary is provided on well-known areas of social security law as well as areas that are becoming more complex and controversial aaC--| The book annotates both substantive and procedural provisions.aaC--| Another notable feature of the text is the inclusion of decisions under repealed provisions of the 1991 Act. This is particularly useful. Advocates will often have to resort to repealed provisions aaC--| I should also note the size of the publication. It is amazing how much you can fit into a single volume! This is significant because it not only ensures mobility (you can actually carry it to court or tribunal without overloading the trolley) but also affordability aaC--| Reform, Issue 79, 2001 One of the most complex and difficult Commonwealth Acts to understand must be the Social Security Act. Thus a text which explains and cross references the various provisions, whilst at the same time identifying the relevant authorities, is a necessary tool in working with this Act. The authors are well known aaC--| If you practice in Family Law or areas in which advice needs to be given in relation to Social Security related issues, this book will provide a ready tool to enable you to better understand the legislation and therefore better advise your clients. Law Society of Tasmania Newsletter, October 2001 This annotated collection of social security legislation includes comprehensive but relevant and concise case extracts and commentary. There are six comprehensive sections, each devoted to different social security-related legislation. The chapter on the Social Security Act incorporates an extremely useful definitions and interpretation section. This covers all possible scenarios aaC--|While not at the glamour end of legal practice, this book provides excellent support for all those practitioners regularly advising clients in administration and family law. Law Institute Journal (Vic), December 2002