Post by Banker on Oct 2, 2012 13:10:32 GMT 7
A GRANDMOTHER who stopped cooking, cleaning and sleeping with her "frugal" husband after he refused to give her money for Christmas gifts has won her own taxpayer-funded pension.
The Administrative Appeals Tribunal has ruled that Centrelink must pay Danica Temelkovska the aged pension as a "single" person - even though she still shares the family home with her husband of 45 years.
Tribunal member Jan Redfern declared the husband and wife were no longer a couple, in a newly-published ruling that sets a precedent for other estranged spouses to claim higher welfare benefits.
"A person who is married may live separately, but together, under one roof. No doubt there are many couples who continue to do because of financial necessity," Ms Redfern said.
Mrs Temelkovska kicked her husband Blagoj Temelkovski out of the marital bed in 2010 after he refused to give her money to buy Christmas presents for their five grandchildren, the tribunal was told.
"Mrs Temelkovska said this upset her greatly and from that day she refused to wash Mr Temelkovski's clothes, cook his meals and sleep in the same bedroom," the judgment stated.
"She said that Mr Temelkovski had always been difficult to live with and particularly frugal with money but after she stopped work he refused to give her a proper allowance for her own needs and for presents for her grandchildren."
The Macedonian-born grandmother told her husband to move into the spare room at their home in the Sydney suburb of Jannali.
"Before that (they) went shopping together, she cooked their meals and she would do Mr Temelkovski's laundry," the ruling said.
Ms Redfern said the couple now travelled separately to family functions such as birthday and Christmas celebrations, watched TV in different rooms, cooked their own meals and did their own shopping and laundry.
Mr Temelkovski continued to pay the phone, power, water and rates bills - but would not give his wife money for food or personal items, so she had to use her superannuation savings.
Centrelink rejected Mrs Temelkovska's claim for an aged pension last year on the grounds she was a "member of a couple" and had failed to supply details of her husband's income, which he had refused to give her.
Ms Temelkovska will now be eligible for an aged pension paid at the "singles" rate of $712 per fortnight - $176 more than the couples rate.
www.theaustralian.com.au/news/unhappy-wife-can-get-own-pension/story-e6frg6n6-1226486512595
The Administrative Appeals Tribunal has ruled that Centrelink must pay Danica Temelkovska the aged pension as a "single" person - even though she still shares the family home with her husband of 45 years.
Tribunal member Jan Redfern declared the husband and wife were no longer a couple, in a newly-published ruling that sets a precedent for other estranged spouses to claim higher welfare benefits.
"A person who is married may live separately, but together, under one roof. No doubt there are many couples who continue to do because of financial necessity," Ms Redfern said.
Mrs Temelkovska kicked her husband Blagoj Temelkovski out of the marital bed in 2010 after he refused to give her money to buy Christmas presents for their five grandchildren, the tribunal was told.
"Mrs Temelkovska said this upset her greatly and from that day she refused to wash Mr Temelkovski's clothes, cook his meals and sleep in the same bedroom," the judgment stated.
"She said that Mr Temelkovski had always been difficult to live with and particularly frugal with money but after she stopped work he refused to give her a proper allowance for her own needs and for presents for her grandchildren."
The Macedonian-born grandmother told her husband to move into the spare room at their home in the Sydney suburb of Jannali.
"Before that (they) went shopping together, she cooked their meals and she would do Mr Temelkovski's laundry," the ruling said.
Ms Redfern said the couple now travelled separately to family functions such as birthday and Christmas celebrations, watched TV in different rooms, cooked their own meals and did their own shopping and laundry.
Mr Temelkovski continued to pay the phone, power, water and rates bills - but would not give his wife money for food or personal items, so she had to use her superannuation savings.
Centrelink rejected Mrs Temelkovska's claim for an aged pension last year on the grounds she was a "member of a couple" and had failed to supply details of her husband's income, which he had refused to give her.
Ms Temelkovska will now be eligible for an aged pension paid at the "singles" rate of $712 per fortnight - $176 more than the couples rate.
www.theaustralian.com.au/news/unhappy-wife-can-get-own-pension/story-e6frg6n6-1226486512595
