Secretary, Department Of Social Security v Hickman

(1996) 43 ALD 75

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Secretary, Department Of Social Security v
Stephen Hickman

Tribunal:

Member: Hallowes H E, SM

Subject References:
SOCIAL SECURITY
disability support pension
compensation payment
preclusion period
whether to treat the whole or part of the compensation payment as not having been made
if circumstances special, factors relevant in determining what part of the compensation payment should be treated as not having been made?

Legislative References:
Social Security Act 1991 - 17(3); 1184

Case References:
Beadle v Director-General of Social Security - (1985) 60 ALR 225
Trimboli v Secretary, Department of Social Security - (1989) 86 ALR 64
Secretary, Department of Social Security v Thompson - (1994) 36 ALD 563
Re Beadle and Director-General of Social Security - (1984) 6 ALD 1
Re Ivovic and Director-General of Social Services - (1981) 3 ALN N95
Re Zaccardi and Secretary, Department of Social Security - (1995) 40 ALD 760
Re Secretary, Department of Social Security and VYS - (1995) 40 ALD 745
Re Hajar and Secretary, Department of Social Security - (1988) 16 ALD 716

Hearing date: 21 June 1996
Decision date: 31 July 1996

Melbourne

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ORDER

Decision: The decision under review is set aside. The matter is remitted to the Secretary, Department of Social Security with directions that two hundred and fifty thousand dollars ($250,000) of the compensation payment be treated as not having been made and that the preclusion period be determined under the relevant provisions of the Social Security Act 1991 in accordance with these reasons.

Liberty to apply is reserved.