The court established that the status of 'dependant' under ESSA does not depend on the registration of marriage under the LRA, ensuring social security rights are not barred by formalities.

Wong Kian Kheong J:

A. Background

[1] On 18 December 2004, the respondent was married to the late Mr Wong Thien Teck (Deceased) by way of a Chinese customary marriage (Marriage).

[2] The Marriage was not registered under the Law Reform (Marriage and Divorce) Act 1976 (LRA).

[3] When the Deceased was working, he collapsed and died due to "Non traumatic Subarachnoid Hemorrhage" (a type of stroke).

[4] As a widow of the Deceased, the respondent claimed for a "survivor's pension" (Claim) from the Social Security Organisation (SOCSO) under s 20A(1)(a) of the Employees' Social Security Act 1969 ( ESSA ).

[5] SOCSO dismissed the Claim on the sole ground that the Marriage was not registered under the LRA (SOCSO's Decision). As such, the respondent appealed to the Social Security Appellate Board (SSAB) against SOCSO's Decision (respondent's Appeal).

[6] The respondent's Appeal was allowed by SSAB (SSAB's Decision). This is SOCSO's appeal to the High Court against SSAB's Decision pursuant to s 91(1) ESSA (This Appeal).

[7] In This Appeal, the respondent acted in person.

B. Sole Question

[8] This Appeal raises the sole issue of whether the wife of an "insured person" [as defied in s 2(11) ESSA ] is a "dependant" of the insured person within the meaning of s 2(3) when their marriage is not registered under the LRA (Sole Issue). In deciding the Sole Issue:

(1) whether ss 5(4), 22(4) and 27 LRA have any effect on the interpretation of the term "dependant" in s 2(3) ESSA ; and

(2) from the view point of the stare decisis doctrine, what is the effect of a decision of the Federal Court which has reversed the Court of Appeal's judgment but there is no written judgment of the Federal Court?

C. Relevant Provisions Of ESSA And LRA

[9] I reproduce below the title to ESSA [Title ( )], the definition of "dependant" [s 2(3) ], ss 15(g) and 20A(1) :

"Title ( ESSA ) - An Act to provide social security in certain contingencies and to make provision for certain other matters in relation to it.

Section 2 . In this Act unless there is anything repugnant in the subject or context:

...

Section 2 (3) - dependant means any of the following relatives of a deceased insured person, namely:

(a) a widow or widower or a child; and

(b) if there is no widow or widower or child:

(i) a daughter, if married and a minor, or if widowed and a minor;

(ii) an unmarried minor brother or sister or a widowed minor sister;

(iii) a widowed daughter-in-law;

(iv) a minor child of a pre-deceased son;

(v) a minor child of a pre-deceased daughter where no father of the child is alive;

(vi) a parent; or

(vii) a grandparent if no parent of the insured person is alive;

Benefits

Section 15 Subject to this Act, the insured persons, their dependants or the persons hereinafter mentioned, as the case may be, shall be entitled to the following benefits, namely:

...

(g) periodical payments to dependants of an insured person who dies while in receipt of invalidity pension, or of an insured person who has not attained sixty years of age but has completed a full or reduced qualifying period for survivors' pension mentioned in subsections 17A(2) and (3) (hereinafter referred to as survivors' pension).

Survivors' pension

Section 20A (1)If an insured person who is in receipt of invalidity pension, or if an insured person who has not attained sixty years of age but has completed a full or reduced qualifying period as specified under s 17A, dies, survivors pension at the rates specified in the Eighth Schedule shall be payable:

(a) to the widow or the widower during life, and if there are two or more widows, the widow's share of survivors' pension specified in the Eighth Schedule shall be divided equally between the widows:

Provided that if a widow or widower is entitled to more than one survivors' pension, she or he shall be paid only one pension, being the pension with the higher rate.

(b) to each child until marriage or until he attains the age of twenty-one years, whichever occurs earlier:

Provided that in th