Judgment No. 422
Decision
THE COMPLAINT IS DISMISSED.
Summary
Extract:
The complainant seeks to have his step-daughter recognised as his dependant on the basis of a statutory provision which stipulates that where both parents are staff members, the children shall be recognised as the dependants of that parent holding the higher level post. Any child who is "de facto fully dependent upon a staff member" may be recognised as dependent. The Director-General believed that so long as the wife was a staff member in receipt of child allowance, the step-child was partly dependent on her. This decision is not tainted by any flaw. The complaint is dismissed.
Keywords
dependant; dependent child; condition
Consideration 5
Extract:
At issue is whether or not a child was de facto fully dependent on the complainant. Such a matter falls within the discretionary authority of the Director-General, since the answer depends not on the facts simpliciter but on an appreciation of the facts.
Keywords
dependant; dependent child; discretion
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